CAT/C/38/D/249/2004 Page 10 State party’s observations on the merits 10.1 On 28 March 2006, the State party commented on the merits of the communication. It recalls the facts and points out that the Court of Appeal, before which proceedings were still pending when the State party’s made its observations, was attentive to the fact that the case was pending before the Committee. The State party provides a copy of the pleadings of 20 January 2006 concerning the obligations the Convention imposes on Norwegian authorities6. It refers to the documents submitted by counsel concerning the registration of a blasphemy case against the complainant in Pakistan, and informs that the State party has accordingly initiated an investigation through the Norwegian embassy in Islamabad, to be completed before the hearing by the Court of Appeal. 10.2 The State party recalls that the complainant’s request for asylum has been assessed pursuant to section 15 of the Norwegian Immigration Act, which offers at least the same protection against being sent to areas where one may be at risk of persecution as the provisions governing the same issue in the Convention against Torture, the European Convention on Human Rights and the UN Convention on Refugees. The State party argues that the complainant has not established that he would face a foreseeable, real and personal risk of being tortured upon return to Pakistan. There have been numerous changes in the reasons advanced by the complainant for his claim of protection, as well as inconsistencies in his statements to the authorities. It therefore questions his credibility. 10.3 The State party notes that as of the date of its observations, the complainant’s most important argument is that he is wanted by Pakistani authorities, because he is accused of blasphemy. This fact was not mentioned during the application for asylum, and the information later presented on this issue was contradictory and unreliable. In particular, the State party points out that this issue was not brought up until after UNE had made its final decision on 8 January 2004, and that it was contrary to information given by the complainant in his asylum interview. In addition, the State party was not able to deduce from the documents presented by the complainant that a criminal investigation had been initiated against him. In addition, and as a general observation, there is a widespread use of false or purchased documentation in connection with applications for asylum lodged by Pakistani applicants. 10.4 The State party refers, however, to recent documents7 submitted by the complainant, which are specific about details of the alleged blasphemy case, and concedes that it cannot rule out that such a case is presently pending against him. 10.5 Regarding the complainant’s fear of reprisals by the MQM, the State party argues that the MQM has been involved in little violent activity since 1998/99 and that the present situation is very different form the early 1990’s. Although the State party is aware that MQM extremists have to some degree participated in acts of political violence, it considers that the complainant is not at risk of being tortured by MQM. It argues that there is no reason to believe that retired military officers are particularly at risk with respect to reactions from the MQM extremists, and that the complainant in particular is presently at risk with regard to reactions by the MQM. It refers to the fact that the complainant’s military activities against 6 7 See para. 9.3 See para. 7.2