independence and individual activists are persecuted. In this context, the
author states that a friend and co-activist was assassinated in August 1992.
3.2 The author submits that he fears persecution from Islamic fundamentalists,
the Pakistan Inter-Service Intelligence (ISI) and the Government of Pakistan
because of his membership in the Baltistan Student Federation (BSF). He states
that he was a local leader and organizer for the BSF in Rawalpindi, and that he
organized many demonstrations to publicize the goals of his organization. He
claims that he was arrested on several occasions and accused of being an Indian
agent. In 1987, he was arrested by the ISI at the offices of the BSF in Skurdu,
together with four other BSF leaders. They were taken to the police station in
Skurdu and kept in a special ISI section. The author alleges that he and those
arrested with him were hung from the ceiling by their hands with rope and badly
beaten. After a week of maltreatment (cold showers, sleep deprivation, being
placed on ice-blocks), the author was released on bail.
3.3 On another occasion, in April 1990, the author, together with others, was
arrested after leading a demonstration for the BSF in Karachi. He was taken to
jail in Hyderabad, where he was beaten and subjected to electric shocks. He
also alleges that he was cut on his back and that chemicals were applied to the
cuts, which caused him severe pain. After two weeks, he was released on bail
and told to appear before the Court on 7 July 1990.
3.4 A letter, dated 27 July 1994, from a medical doctor at the Hôpital SaintLuc in Montreal affirms that the author has marks and scars on his body which
correspond with the alleged torture.
The complaint:
4.1 The author claims that the Canadian authorities did not address the central
facts of his case in the decision not to recognize him as a refugee and that his
claim was not justly dealt with.
4.2 The author, who is now in charge of the BSF overseas, claims that he cannot
return to Pakistan, because he risks persecution and attacks on his life. He
claims that he will be immediately arrested at the airport, be detained and
tortured. In this context, the author refers to reports by Amnesty
International and Asia Watch and claims that evidence exists of systematic
torture by Pakistani authorities. He attaches a supporting affidavit by a
Kashmir human rights lawyer, who testifies that demonstrations organized by the
Baltistan Student Federation have been repressed by Pakistani authorities and
that its leaders are at risk of being arrested or killed. He also attaches a
copy of a letter, dated 15 August 1994, from the Baltistan Student Federation,
in which the author is advised to remain in Canada, since the circumstances
under which an arrest warrant was issued against him are still prevailing.
Issues and proceedings before the Committee:
5.
On 15 July 1994, the communication was transmitted to the State party, with
a request that the author should not be expelled before the Committee would have
communicated its decision under rule 108 of the rules of procedure. In reply,
the State party, by submission of 2 September 1994, requested the Committee to
examine the communication on the merits during its next session in
November 1994. For this purpose, the State party agreed not to contest the
admissibility of the communication.
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