CAT/C/PAK/CO/1
prevent forced and bonded labour and other forms of ill-treatment, abuse and
exploitation;
(c)
Ensure that victims
compensation and rehabilitation.
of
trafficking
obtain
redress,
including
Refugees and non-refoulement
34.
While commending the State party for hosting millions of refugees, many of them
Afghans, the Committee is concerned about recent documented reports of coercion,
including threats of deportation and police abuse, extortion, raids and arbitrary detention, to
return Afghans, including registered refugees, to their country of origin where they could be
at risk of persecution, torture or ill-treatment. The Committee regrets the lack of a legal
framework for refugees and asylum seekers (art. 3).
35.
The State party should:
(a)
Amend legislation, particularly the Extradition Act 1972 and the
Foreigners Order 1951, and procedures to fully comply with the principle of nonrefoulement and to protect refugees and asylum seekers, in line with article 3 of the
Convention;
(b)
Consider adopting a comprehensive law on asylum that is consistent with
international human rights standards and norms and is in accordance with article 3;
(c)
Consider acceding to the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol;
(d)
Investigate allegations of police abuse against Afghans and other actions
by public authorities undertaken for the purpose of coercing them to return to their
country of origin, despite the real risk of torture they face, and discipline or criminally
sanction those responsible for such abuse.
Due diligence to prevent violence by non-State actors
36.
The Committee is concerned about reports of violence against and inadequate efforts
by the State party’s authorities to protect vulnerable individuals, particularly members of
Shia, Christian and Ahmadiyya communities and individuals accused of blasphemy, from
violence by non-State actors. The Committee is particularly concerned about the conduct of
the State party’s authorities in the recent case of Mashal Khan, who was killed by a mob
after being accused of blasphemy. The Committee is also concerned by reports that the
State party’s authorities have sometimes refrained from promptly investigating reports and
prosecuting perpetrators of activities including abduction for ransom by groups including
the Haqqani Network and Lashkar-e-Tayyaba (arts. 2, 12-13 and 16).
37.
The Committee calls on the State party to:
(a)
Protect members of vulnerable groups, including religious minority
communities and individuals exercising freedom of opinion or expression, from
violence perpetrated by non-State actors. The State party should ensure that all acts
of violence by non-State actors, including mob violence, are investigated promptly,
effectively and impartially, that perpetrators are punished and that victims obtain
appropriate redress;
(b)
Ensure that the State party’s authorities promptly investigate allegations
of abduction for ransom by all non-State actors and groups operating in its territory.
Corporal punishment
38.
While noting the information provided by the State party’s delegation that they are
not implemented in practice, the Committee is concerned that provisions in the State party’s
laws allow for the imposition of corporal punishment, including whipping, amputation and
stoning (art. 16).
39.
The State party should take the necessary legislative measures to eradicate and
explicitly prohibit all forms of corporal punishment in all settings, as they amount to
9