CAT/C/63/D/767/2016 The facts as presented by the complainant 2.1 The complainant, a Shia Muslim, was involved in a relationship with a girl from the Sunni faith named N. His marriage proposal was rejected by her family as he was from a lower Shia caste. The couple were warned to stop seeing each other, otherwise they would face fatal consequences. They were caught together on 24 April 2010. The complainant was badly beaten by friends of the girl’s family who are also members of the Taliban. The complainant alleges that although the Taliban is a banned terrorist group in Pakistan, a closely connected group, Lashkar-e-Taiba, operates with impunity and has vowed to kill him and his family. After the attack, the complainant fled the area. Also, in 2010, members of Lashkar-e-Taiba killed his cousin. 2.2 Since the complainant’s departure, his family have been continually threatened and attacked by the group. They have tried to report these attacks to the police, but the police took no action. The complainant considers that this lack of action reflects police support for Sunni attacks against the Shia minority, and submits that he would not be protected by the authorities if returned to Pakistan. Since he left, his family have been forced to hide from the police and the terrorists, who are continually searching for him and his family. He provides three sworn affidavits from his parents, a friend and a neighbour confirming this. 2.3 The complainant states that, as a Shia, he has been declared a Qafir (infidel) by the Sunnis and could therefore face a death sentence or life imprisonment under the blasphemy laws of Pakistan. He provides support for the claim by quoting the Qu’ran in relation to statements about the killing of Qafir and also quotes Sunni clerics who have issued a fatwa against Qafir. 2.4 On 10 May 2010, the complainant moved to Lahore to escape the threat. In July 2010, he fled to the Islamic Republic of Iran for safety. On 27 December 2010, he received a study visa for the United Kingdom of Great Britain and Northern Ireland but did not seek refugee status as he was warned that if he did he would lose his student visa and that the United Kingdom was “not very good” with refugees from Pakistan. He arrived in Canada on 24 February 2013 and applied for refugee status immediately at the airport. 2.5 On 9 July 2016, the police raided the complainant’s home in Pakistan and told neighbours that the complainant and his family should be produced before the police at the police station in relation to blasphemy charges. The complainant claims that police also attached a notice to his home declaring him and his family “wanted”. He asserts that he is therefore also at risk of torture by the authorities in response to the allegation of blasphemy, and provides various sources that confirm that it is commonplace for individuals’ rights to freedom of speech and of religion to be violated in Pakistan by charging them with blasphemy. He particularly refers to a report by the United States Department of State pointing out that “the Government’s limited capacity and will to investigate or prosecute the perpetrators of attacks against religious minorities allowed a climate of impunity to persist … There were continued reports of law enforcement personnel abusing members of religious minorities and persons accused of blasphemy while in custody.”1 The report states that, as of the time of its writing, at least 17 people were awaiting execution for blasphemy, and at least 20 others were serving life sentences. The complainant further states that his status as a failed asylum seeker places him at risk of torture and arbitrary detention. He cites, among others, a report of the Immigration and Refugee Board of Canada that notes that failed asylum seekers that had been detained on immigration charges have been arrested on arrival in Pakistan by immigration officials. 2.6 On 15 October 2013, the Refugee Protection Division of the Immigration and Refugee Board of Canada denied the complainant’s application for refugee status. On 20 March 2014, the Refugee Appeal Division declined his appeal against the decision. On 24 July 2014, the Division refused his application to reopen the appeal. On 12 November 2014, the Federal Court denied him leave to apply for judicial review. On 29 December 2015, his application for pre-removal risk assessment was rejected. The complainant’s application for protection on humanitarian and compassionate grounds is still pending, but does not have 1 2 International Religious Freedom Report for 2013. Available from www.state.gov/j/drl/rls/irf/2013religiousfreedom/index.htm#wrapper.

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