CAT/C/56/D/604/2014
injuries are documented in the medical certificate or record of medical treatment submitted
by the complainant. These indicate that he had a lacerated wound on the right elbow, on the
right side of his face and on the back of his head as a result of an assault. The State party
submits that there is no evidence of past torture within the meaning of the Convention. The
complainant has not provided any medical analysis as to how the injuries described in the
medical reports would be consistent with torture.
4.28 The State party submits that, even if the complainant is given the benefit of the
doubt and it is accepted that he was tortured in January 2010, this factor alone does not
support a conclusion that he would be tortured in the future. The State party refers to the
Committee’s consistent views that previous experience of torture is but one consideration in
determining whether a person faces a personal risk of torture upon return to his country of
origin.24
4.29 The complainant relies on the affidavit evidence he has presented to the Committee
to support his claim that he continues to face threats from Sunni extremists in Pakistan. The
affidavits indicate that the complainant’s parents have been informed by their neighbours
that the Sunni extremists are still going to their community to ask about the family’s
whereabouts, including the whereabouts of the complainant, and that the Sunni extremists
are still trying to locate the complainant and his family in their village in order to kill them.
The State party reiterates that its decision makers have not yet been given an opportunity to
review this evidence. While the State party does not seek to prejudge this evidence, it
observes that there is considerable overlap in the text of the two affidavits, which calls into
question the reliability of this evidence. In addition, it notes that the affidavits do not
identify any future risk of torture that the complainant may personally face in other parts of
Pakistan.
4.30 The State party submits that no weight should be given to the documents provided
by the complainant in the Urdu language. The complainant has failed to translate or indicate
with any specificity the contents of these documents in an official language of the United
Nations.
4.31 The State party submits that since the complainant has not established that he would
be at personal risk if returned to Pakistan, it is unnecessary for the Committee to go on to
consider the general human rights situation in Pakistan. In V.N.I.M. v. Canada, the
Committee considered that when an complainant’s allegations are neither credible nor
corroborated by objective evidence, it is “not necessary to examine the general human
rights situation” in the country of origin. 25 The State party submits that the analysis in
V.N.I.M. v. Canada applies in the present instance.
4.32 In the event that the Committee considers it necessary to consider the general human
rights situation in Pakistan, the State party submits that, even if the complainant could be
said to face a real risk of torture in his community with the consent or acquiescence of state
officials, objective evidence concerning conditions in Pakistan suggests that the
complainant may have an internal flight alternative that would allow him to live without
risk of serious harm in other parts of Pakistan. The State party acknowledges that the
situation in Pakistan for Shia Muslims is problematic. 26 However, the United Kingdom
24
25
26
12
See, for example, communications No. 235/2003, M.S.H. v. Sweden, decision adopted 14 November
2005; and No. 338/2008, Mondal v. Sweden, decision adopted 23 May 2011.
See communication No. 119/1998, V.N.I.M. v. Canada, decision adopted 12 November 2002, paras.
8.4-8.5.
The State party acknowledges the Human Rights Committee’s relatively recent final views in
communication No. 1898/2009, Choudhary v. Canada, Views adopted 31 August 2009. It does not
dispute the general view that Shia Muslims face some level of persecution in Pakistan, a Sunni