15 September 1994, and that the decision is dated 19 September 1994. In the decision, no reference is made to the evidence submitted. Counsel argues that the decision is based on wrong grounds: (a) it states that Pakistan supports groups which want independence: according to counsel, Pakistan is strongly opposed to the independence movement and wants Kashmir to become part of Pakistan; (b) it states that the author has no profile that is different from thousands of other people in his area: counsel submits that there is evidence (newspaper pictures, a police report, a video, an affidavit) which shows him to be a leader in the Baltistan Student Federation; (c) it states that the author never mentioned torture before 1994: according to counsel, this is untrue, since the author earlier made reference to being "so weak that my family was scared to see me", to Pakistan being governed under torture, and to having been beaten in the police station. 9.8 Counsel agrees generally with the interpretation given by the State party to the application of article 3 of the Convention. He contends, however, that it is an exaggeration to say that torture must be a necessary and foreseeable consequence. He argues that substantial grounds clearly exist to fear that the author, who is a student leader of the Kashmiri independence movement and has been its representative in Canada, will be subjected to torture. Counsel refers to a report of Amnesty International, which states that "torture, including rape, in the custody of the police, the paramilitary and the armed forces is endemic, widespread and systematic in Pakistan". He contests the State party’s view that there is no consistent pattern of gross, flagrant or mass violations of human rights in Pakistan, and submits that the situation in the northern areas is particularly bad. In this context, counsel refers to testimonies given by human rights activists to the United Nations Commission on Human Rights in March 1994. 9.9 Counsel contests the State party’s view that the JKLF is a terrorist organization, and claims that there is no evidence of use of violence by the JKLF in Pakistan-occupied Kashmir. He submits that the party is widely recognized to be the most popular political party in both Indian- and Pakistanoccupied Kashmir. He submits that the vast majority of Kashmiris today support independence for their country. He claims that the Pakistani authorities are repressing everyone who advocates independence. 9.10 To support the argument that the author will risk torture upon his return to Pakistan, counsel submits an arrest warrant, dated 12 September 1990, against the author, apparently related to an incident on 6 June 1990, in which the author, referred to in the accompanying police report as "President Baltistan Student Federation, Rawalpindi", led a demonstration in Rawalpindi to demand constitutional rights for Baltistan and criticized the Government. He also claims that the author’s brother has fled the country and now lives in England, whereas the author’s parents have left Baltistan and now live in Azad Kashmir. Counsel further refers to the medical evidence, and argues that, if the State party doubts its conclusions, it should have conducted an examination by its own experts. 9.11 Counsel concludes that there is sufficient evidence to show that the author is personally sought after by the Pakistani authorities. He argues that the author should not be sent back to a country where his life is in danger. He claims that the evidence shows that the author faces immediate detention and torture on his return. 10. In reaction to counsel’s submission, the State party argues that the central issue before the Committee is not the general operation of Canada’s -53-