CAT/C/38/D/249/2004
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request of the State party, in light of information and comments received from the State party
and any further comments, if any, from the complainant. On 1 June 2004, the State party
informed the Committee that it would not comply with the Committee’s request. However,
on 29 June 2004, the State party added that it had decided to refrain from proceeding with the
expulsion of the complainant and his family to Pakistan until the court of first instance had
reviewed the case.
1.3 On 16 January 2006, the complainant’s newly appointed counsel informed the
Committee that he had been deported to Pakistan on 22 September 20051. On 15 February
2006, the State party acknowledged the deportation.
1.4 On 5 April 2006 the State party informed the Committee that the complainant had been
granted a residence permit for three years. On 21 April 2006, counsel added that he had
returned to Norway on 31 March 2006.
1.5 On 30 May 2006, the Special Rapporteur for Interim Measures denied a renewed
request for interim measures to prevent the complainant’s deportation to Pakistan.
The facts as submitted by the complainant
2.1 The complainant, a retired major from the Pakistani army, is Ahmadi-Muslim.
According to a US Department of State report submitted by the complainant, Ahmadis
consider themselves Muslims but do not accept that Muhammad was necessarily the last
Prophet. The complainant claims that because of his religion, he had difficulties with his
superiors in the army. Attempts on his life allegedly were made on several occasions. The
complainant suspects his superiors to have set fire to his house in 1994. During his military
service, he was sent to a conflict area, without receiving the backup of any other units, which
had been promised. He further claims that he runs the risk of acts of vengeance by terrorist
organizations such as Jaish Muhammed (JM) and the Mohajir Qomi Movement (MQM)
because of his previous position and activities in the army operating against these
organizations. The son of his cousins was allegedly mistakenly kidnapped instead of his son
in 2001 by JM, but the complainant and some friends managed to rescue him. He further
states that he was discriminated against and forced to retire from the army due to his religion.
2.2 The complainant arrived in Norway on 23 April 2002, using his own passport and a
visa issued by the Norwegian embassy in Islamabad. He traveled with his wife and four
children and applied for asylum on 29 April 2002. His case was heard by the Directorate of
Immigration (UDI), which denied his application for asylum on 22 January 2003. The
complainant appealed to the Immigration Appeals Board (UNE), which rejected this appeal
on 8 January 2004.
2.3 On 31 January 2004, the complainant was informed by his lawyer in Pakistan that he
had been accused of blasphemy on 2 January 2002. He submits a translation of a document
entitled “Action against Nadeem Ahmad Dar” addressed to the Station House Officer at the
Chong Police station in the Lahore District. Upon hearing this, he filed a new appeal with the
Norwegian immigration authorities, which was rejected by the UNE on 1 March 2004, on the
grounds that the letter from the lawyer and the accusation, which were non-official private
1
The departure from Norway took place on 21 September and the complainant arrived in
Islamabad on 22 September after a night-long stop-over in Bangkok.