CAT/C/57/D/529/2012
demonstrated that she was divorced from B.A. in February 2010 by submitting official
documents from Pakistan and a first information report filed with the Pakistani police on 3
February 2011 by one of her daughters, who complained that B.A. and two of his sons had
broken into her home and demanded that she call the complainant to urge her to return to
Pakistan. According to the daughter, they wanted to kill the complainant. When the
daughter refused to call the complainant, B.A. shot her in the foot. The complainant
submitted affidavits from her daughter’s lawyer, indicating that the daughter’s complaint
was being pursued through court proceedings.
4.30 The State party submits that these documents do not substantiate that, if returned to
Pakistan in 2013, the complainant would face a real and personal risk of severe harm from
B.A. The complainant’s divorce was granted in 2010 and the assault on her daughter
occurred in 2011. As of 16 April 2012, B.A. was facing legal action for assaulting his
daughter, who was represented by legal counsel in the proceedings relating to her
complaint.
4.31 With respect to B., his sons and other residents of the village, the complainant did
not submitted any evidence to indicate that they would pose a threat to her upon her return
to Pakistan. The underlying basis of past violence by former family members, as alleged by
the complainant, was a dispute over land ownership, yet the question of who now owned
the land, particularly after her divorce, did not form a part of the complainant’s allegations
of future risk. It has been several years since B. accused her of adultery and the
complainant has not provided evidence that either B. or the Pakistani authorities have
pursued the accusations further. There is no evidence of an ongoing legal battle over the
land that would continue to place the complainant at risk of harm.
4.32 The State party contends that it would not be removing the complainant to Lahore
District specifically, but to Pakistan, where she could avail herself of an internal flight or
relocation alternative. The complainant did not provide evidence to substantiate the
allegation that she would be unable to reside free of personal risk of torture in another part
of Pakistan. The complainant would not be sought by Pakistani State authorities as a result
of the accusation of adultery made in 2006. Although local police in Lahore District, where
the complainant lived, had a first information report on file concerning the accusation made
in November 2006, there was no evidence that the local police had taken any steps to
follow up the complaint. Several months after the report had been filed, the complainant
left Pakistan using her own passport. Given the foregoing, there is no reason to believe that
the complainant would be sought by State authorities upon return to Pakistan, particularly if
she lived somewhere outside of Lahore District.
4.33 In the event that the Committee should deem it necessary to consider the general
human rights situation in Pakistan, the State party maintains that the situation does not
establish that the complainant would face a real and personal risk of torture upon her return
to Pakistan. A number of reports on conditions in Pakistan attest to the complainant’s
general submission that honour killings and other forms of violence against women
continue to be a serious problem in certain areas of Pakistan, especially rural areas.9
However, with respect to women who are in a position similar to the one the complainant
9
See Amnesty International, Amnesty International Annual Report 2012 (Pakistan), 24 May 2012,
available at www.amnesty.org/en/region/pakistan/report-2012; United States of America, Department
of State, Country Reports on Human Rights Practices for 2012 (Pakistan), available at
www.state.gov/documents/organization/204621.pdf; Human Rights Watch, World Report 2013
(Pakistan), available at www.hrw.org/world-report/2013/country-chapters/pakistan; and Maliha
Zia Lari, A Pilot Study on: ‘Honour Killings’ in Pakistan and Compliance of Law (Islamabad, Aurat
Foundation, November 2011), available at www.af.org.pk/pub_files/1366345831.pdf.
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