CAT/C/66/D/776/2016 Prophet Mohamed. According to the Report, several people had witnessed the male complainant engage in those acts.2 3.8 Islamic fundamentalism is increasingly present in Pakistan, and laws prohibiting blasphemy are used to manoeuvre against religious minorities, notably Christians. Christians are often falsely accused of blasphemy and when this occurs, their lives are in danger if they are not under police protection. In March 2011, Shahbaz Bhatti, Minister for Minorities, was assassinated after having made a public statement in favour of revising the law prohibiting blasphemy. Two months earlier, Salman Taseer, governor of Punjab province, had been assassinated after trying to assist a Christian sentenced to death for blasphemy. Most politicians and the majority of the public in Pakistan approved of these murders. The situation has not improved since then, and the complainants’ claim that they were accused of blasphemy and are unable to receive State protection is therefore entirely credible. 3.9 The Federal Office for Migration and the Federal Administrative Tribunal considered the First Information Report to have limited probative value because it was a copy, not an original, and because similar reports could easily be obtained illegally. However, First Information Reports are standard documents used to record criminal complaints; it is impossible to obtain the original, which remains with the police. The complainants provide a letter from Shazad Ahmed, a lawyer in Zurich, stating that a First Information Report is a written document prepared by the police in Pakistan in response to a criminal complaint, and that the originals may not be provided officially or unofficially. 3.10 During his interview before the Federal Office for Migration on 4 November 2014, the male complainant stated that the police had given his brother a copy of the First Information Report. He was then asked to produce the report, and asked his brother to obtain it. It is true that it is easy to obtain falsified documents in Pakistan. However, this is not the case for Christians and minorities. As a Christian, requesting a falsified document from the authorities represents a risk to one’s life. Thus, the Swiss authorities are incorrect to consider the report presented by the male complainant as lacking in probative value on the basis of pervasive corruption in Pakistan. Moreover, the authorities acted arbitrarily by requesting the male complainant to provide the Report and then asserting that it lacked probative value. On its own, the Report suffices to demonstrate that the male complainant runs a risk of being exposed to treatment contrary to article 3 of the Convention in Pakistan. 3.11 The Swiss authorities also wrongly rejected the other pieces of evidence presented by the male complainant, in particular letters from church leaders. The authorities did not examine their contents and merely deemed them to be letters of convenience lacking in probative value. However, the church leaders specified in the letters how they knew the male complainant and stated that they knew he faced threats. 3.12 The Swiss authorities erroneously considered it absurd that the male complainant, who had worked at the Swiss Embassy in Islamabad for many years, stated that he was initially unaware of the possibility of applying for asylum in Switzerland. While this assertion may sound strange, the complainant stated to the authorities that he had knowledge of asylum law, but that initially, he had not thought about applying for it himself. This statement proves that the complainants initially wished to continue living in Pakistan. They only decided to apply for asylum during their second stay in Switzerland, after the female complainant had lost her handbag and the complainants’ passports in Basel. Distressed, the complainants contacted the individual who had hosted them during their first stay in Switzerland. He encouraged them to contact the authorities. While they were perhaps naive in failing to contemplate applying for asylum during their first stay in Switzerland, or at the beginning of their second stay there, this was by no means absurd. Moreover, they described in great detail the circumstances of their second arrival in Switzerland; this demonstrates that their narrative was not fictional. 3.13 While the Swiss authorities considered it illogical that the male complainant had not informed the Swiss Embassy of the threatening telephone calls, he clearly stated that the switchboard operator was aware of those calls and had warned the male complainant not to 2 4 The complainants provide a copy of the First Information Report. GE.19-13276

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