CAT/C/55/D/512/2012
complainant did not have an oral hearing, he had a full opportunity to present his evidence
and to have it considered by the PRRA officer. Moreover, the complainant’s PRRA
decision was subject to judicial review by the Federal Court, and the complainant was
represented by counsel. There is no indication in the decision that any allegation of
unfairness in the PRRA process was raised before the Court, and the Court ultimately
concluded that the decision of the officer was reasonable. Consequently, the State party
submits that the complainant’s comments in this regard should not be given any weight by
the Committee.
6.9
The State party notes that the complainant did not mention a fear of the LeJ in his
initial submissions to the Committee. The State party submits that these omissions call into
question the complainant’s current claim that he will be targeted by the LeJ if returned to
Pakistan. The complainant’s claimed fear appears to be based instead on his evolving view
of the current situation in Pakistan, rather than objective evidence that would establish that
he would personally be at risk of torture by the LeJ if returned there. According to the
complainant, the PML-N has in the past few years developed ties with the LeJ and the latter
have restarted “killing campaigns” against Shias throughout Pakistan. While the objective
country reports demonstrate a rise in sectarian violence against Shias in Pakistan in recent
years, evidence of generalized violence cannot establish, in itself, sufficient grounds for
determining that the complainant would be personally at risk in Pakistan. 11 Rather,
additional grounds must be adduced to establish that such a risk exists. 12 As described in
objective country reports, the LeJ is an extremist group in Pakistan that is considered to be
the militant wing of the Sipah-e-Sahaba political party. That party, a political rival of the
PPP, came into existence in the early 1980s with the aim of turning Pakistan into a Sunni
state. Both the LeJ and Sipah-e-Sahaba are banned by the Government of Pakistan.13
Although the LeJ is reported to have historical links to the Pakistani military and
intelligence agencies, the military denies any ongoing links. 14 The group is reported to
operate with impunity in certain areas of Pakistan, such as Punjab Province and Karachi.
According to recent reports, there has been a sharp rise in sectarian violence in Pakistan,
mostly concentrated in Quetta, Kurram, parts of Karachi and Gilgit Baltistan.15 Militant
groups have been reported as targeting political leaders, the security forces, tribal leaders,
minority religious groups and schools. The majority of attacks have been against the Shia
community. Although attacks against Shia Muslims occur in all regions across Pakistan,
they are particularly prominent against Hazara Shias in Quetta. 16 The complainant’s profile
as a former door-to-door campaigner for the PPP in the 1988 elections who left Pakistan
more than 20 years ago, before the LeJ even came into existence, does not indicate that he
would be personally targeted by the LeJ on behalf of the PML-N or any other group if he
returned to Pakistan. Nor has the complainant pointed to any objective evidence that would
suggest that he would be specifically targeted by the LeJ based on his conversion to the
Shia faith. In this regard, the State party observes that recent reports do not raise incidents
11
12
13
14
15
16
14
The State party cites communication No. 83/1997, G.R.B. v. Sweden, Views adopted on 15 May 1998,
para. 6.3.
The State party cites communication No. 177/2001, H.M.H.I. v. Australia, decision adopted on 1 May
2002, para. 6.5.
The State party cites, inter alia, United Kingdom of Great Britain and Northern Ireland, Home Office,
“Country information and guidance — Pakistan: religious freedom” (2014), para. 2.5.6.
The State party cites Human Rights Watch, “Pakistan: deter escalating attacks on Shia Muslims”
(2013).
The State party cites, inter alia, United Kingdom, Home Office, “Country information and guidance
— Pakistan: fear of the Taliban and other militant groups” (2014).
The State party cites, inter alia, Australia, Refugee Review Tribunal, “Pakistan militant groups”,
Issues Paper (2013), fifteenth page.