CAT/C/56/D/604/2014
complainant has thus not substantiated that he faces a real and personal risk of torture as a
failed refugee claimant should he be returned to Pakistan.
Complainant’s comments
5.1
On 16 February and 22 March 2015, the complainant reiterates that he is Shia
Muslim and belongs to a religious minority in Pakistan. He submits that, if removed to
Pakistan, he would be exposed to: serious risk to his life; risk of torture in accordance at the
hands of Pakistan security and intelligence agencies and Sunni terrorist organizations; risk
of cruel and unusual treatment and punishment; serious risk of abduction, kidnapping or
illegal detention at the hands of terrorist organizations. He reiterates that he and his family
continue to receive threats from these terrorists. In the past he has been injured by those
terrorists, and his cousin has been killed by Sunni terrorists.
5.2
The State party claimed that he was not under threat by the Government of Pakistan
or its officials, but the complainant submits that the Government of Pakistan is also
involved indirectly in the persecution and killing of minorities in Pakistan. When he
approached officials to seek justice, he did not receive help and was forced to leave
Pakistan. The police and Government of Pakistan are reluctant to take any action against
those organizations. In fact, those organizations are supported by the Sunni majority
Government through its intelligence agency.
5.3
He maintains that the current situation of minorities in Pakistan is the worst ever in
the history of the country, as Sunni organizations are killing Shia Muslims, Christians or
other minorities on a daily basis. For example: “From 8 to 10 June 2014, Tehrik-e-Taliban
Pakistan gunmen laid siege to the Jinnah International Airport in Karachi, causing deaths
and injuries”; In December 2014, Pakistani Taliban killed more than 145 school children in
the cantonment area of Peshawar. In January 2015, Taliban bombed a Shia mosque and
killed 40 Shia Muslims, and on 13 February 2015, Taliban bombed a Shia mosque, killing
20 Shia Muslims and injuring dozens more.
5.4
The complainant submits that the security situation remains fragile and
unpredictable. Terrorist attacks have occurred throughout Pakistan, causing many deaths
and injuries. Heightened security measures are currently in place throughout the country.
Checkpoints may be set up without warning. Terrorist tactics include suicide bombings,
improvised explosive devices and political assassinations. Some attacks have involved
detailed planning to maximize casualties through multiple and consecutive explosions.
Extremism, ethnic divisions, sectarian strife, regional political disputes and the situation in
Afghanistan are usually the reasons behind these attacks. The complainant notes that, on the
one hand, Canada warned against travel to Pakistan and, on the other, it is very keen to
deport foreign nationals to Pakistan. This indicates that Canada does not consider foreign
nationals to be equal to Canadians.
5.5
The complainant submits that there is clearly a substantial risk of torture for him and
that he has clear marks of torture on his body and medical certificates from Pakistan
confirming the treatment received for the injuries sustained.
5.6
The complainant submits that, at the time of submission of his communication to the
Committee, the pre-removal risk assessment and the application for residence on
humanitarian and compassionate grounds were not available to him. He became eligible for
a pre-removal risk assessment on 17 November 2014, and he applied on 26 November
2014. He applied for residence on humanitarian and compassionate grounds on 13
Commission of Pakistan describes itself as an independent non-governmental organization. See
Human Rights Commission of Pakistan, “Mission & Vision” (2015), available at: http://hrcpweb.org/hrcpweb/about-hrcp/mission-vision/.
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