CAT/C/38/D/249/2004
Page 12
10.10 With regard to the claim that the complainant did not receive legal aid, the State party
notes that when he applied for asylum in Norway, he stated that he owned land in Pakistan
and was entitled to receive a house in Lahore in 2005 through the military pension.
Furthermore, he has been and is still represented, both in the case before the Committee and
in the case pending at the national level, by an active and forceful lawyer.
10.11 To conclude, the State party invokes the Committee’s jurisprudence according to which
due weight must be given to findings of fact made by government authorities. It refers to
General Comment No.1, paragraph 8, pursuant to which questions of credibility of a
complainant, and the presence of factual inconsistencies in his claim are pertinent to the
Committee’s deliberations on the risk of torture upon return.
Complainant’s return to the State party
11.1 On 5 April 2006, the State party submitted additional information on the merits. It
refers to the initiation of an additional investigation by the Government further to new
documentation submitted by the complainant 9 . It informs the Committee that the
investigation was completed on 21 March and submits copy of the report. It resulted in the
State party granting the complainant a residence permit, by decision of UNE of 30 March
2006, pursuant to section 8, second paragraph, of the Alien’s Act with reference to section
15, first paragraph, first sentence, of the Act10. The decision is based on new information
transpiring from the investigation in relation to the charges of blasphemy. UNE held that on
the basis of the new information transpiring from the investigation, it could not be ruled out
that the complainant may suffer unlawful criminal prosecution in Pakistan, and found that the
requirements of section 15, first paragraph, first sentence were met. It granted him a
residence permit for three years. However, UNE considered that the risk of persecution in
Pakistan was too small for the complainant to fulfil the requirements necessary to be granted
refugee status.
11.2 The State party considers that as a result of UNEs decision, article 3 of the Convention
is no longer an issue before the Committee, and requests the Committee to dispose of the case
accordingly.
12.1 On 21 April 2006, counsel submitted her comments on the State party’s observations of
5 April. She informs the Committee that the complainant was given the opportunity safely to
return to Norway on 31 March 2006. According to the report prepared by the Norwegian
embassy in Islamabad as a result of a fact finding mission, the complainant is indeed accused
9
See para. 10.4
Section 8, second paragraph: “Any foreign national has on application the right to a work
permit or a residence permit in accordance with the following rules: (…). On the grounds of
strong humanitarian considerations, or when a foreign national has a particular connection
with Norway, a work or residence permit may be granted even if the requirements are not
satisfied.”
Section 15, first paragraph, first sentence: “Any foreign national must not pursuant to the Act
be sent to any area where the foreign national may fear persecution of such a kind as may
justify recognition as a refugee, or where the foreign national will not feel secure against
being sent on to such an area.”
10