story, since he commenced his refugee claim in 1990, but did not allege torture
until 1994.
8.1 The State party refers to the Committee’s Views in respect of communication
No. 13/1993 (Mutombo v. Switzerland), and submits that, in determining whether
article 3 of the Convention against Torture applies, the following
considerations are relevant: (a) the general situation of human rights in a
country must be taken into account, but the existence of a consistent pattern of
gross, flagrant or mass violations of human rights is not in and of itself
determinative; (b) the individual concerned must be personally at risk of being
subjected to torture in the country to which he would return; and
(c) "substantial grounds" in article 3(1) means that the risk of the individual
being tortured if returned is a "foreseeable and necessary consequence". The
State party submits that it examined each of these elements and that it came to
the conclusion that no substantial grounds existed for believing that the author
would be in danger of being subjected to torture.
8.2 The State party submits that, although the human rights situation in
Pakistan is of concern, this does not mean that a consistent pattern of gross,
flagrant or mass violations of human rights exists. As regards the northern
part of Pakistan, the materials examined by immigration officials show that the
political status of the Northern Territories has never been resolved. In
theory, it is disputed territory and it has never been represented in the
Pakistan National Assembly. In practice, it is administered as Pakistani
territory. The Jammu and Kashmir Liberation Front (JKLF), to which the
Baltistan Student Federation is allegedly associated, is one of the numerous
militant organizations that operate in the Kashmir region of both India and
Pakistan, some of whom advocate independence while others advocate accession to
Pakistan. The State party submits that JKLF was founded in 1964 and that it is
responsible for numerous acts of terrorism, including summary executions,
kidnappings and bomb explosions.
8.3 As to the question whether the author personally faces a risk of being
subjected to torture if returned to Pakistan, the State party submits that there
are significant inconsistencies in the statements made by the author during the
various proceedings. For instance, the dates of arrests and length of
detentions given by the author at several occasions are at variance with each
other, as are the reasons given for his arrest. The State party contends that
these inconsistencies impact significantly on the veracity of the author’s story
and the credibility of his claims.
8.4 In this context, the State party refers to the finding of the Refugee
Division, whose members had the benefit of conducting an oral hearing with the
author, that the author’s testimony was largely fabricated. The State party
submits that "it is a widely acknowledged principle of international law,
recognized in the practice of international tribunals (and in particular human
rights treaty bodies which have authority to consider individual communications)
that the findings of national tribunals on matters of fact and domestic law
should not be disturbed by an international body". It states that the Committee
should therefore be extremely hesitant to alter findings of fact by the Refugee
Division.
8.5 As regards the medical evidence submitted by the author, the State party
emphasizes that this was not produced until July 1994, although the refugee
claim dates from 1990. It further states that the evidence confirms that the
author has various scars, but that there is no indication that these scars are
the result of torture or that they could have been caused by other events in the
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