CAT/C/34/D/222/2002
page 3
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
complaint to the attention of the State party on 3 December 2002. At the same time, acting
pursuant to article 108, paragraph 1, of its rules of procedure, it asked the State party not to
deport the complainant to Pakistan while his complaint was under consideration. The State party
agreed to that request on 3 February 2003.
The facts as submitted by the complainant
2.1
The complainant, baptised a Roman Catholic, converted to Islam in 1990 while at
university under the influence of his fellow students and in order to improve his career prospects.
His conversion was not based on genuine conviction and, conscience-riven, he reverted openly to
Christianity in 1996 and had himself rebaptised by a Catholic priest.
2.2
At the University of Lahore, however, the complainant was still regarded as a Muslim
and was appointed President of the Muslim Students Federation in 1997. At the same time he
was visiting Christian prisoners as a member of the Christian “Prison Fellowship” prisoner aid
association. Discovering this in December 1998, Muslim Students Federation officials
threatened to kill him and the complainant had to leave the University. Federation officials also
pressed the police to bring criminal proceedings against the complainant under article 295c of
the Pakistani Criminal Code.
2.3
In early January 1999 the complainant was detained at a police station, where he was
ill-treated and threatened with death. He was lucky enough to be able to escape through the
lavatory window. He then went into hiding and arranged to flee to Switzerland.
2.4
The complainant submitted an application for asylum in Switzerland
on 27 September 1999. The application was rejected by the Federal Office for Refugees by
decision dated 10 January 2002. An appeal by the complainant was also rejected, by the Swiss
Asylum Review Commission, in a ruling dated 5 August 2002. In a letter dated 9 August 2002,
the Federal Office for Refugees set 4 October 2002 as the date on which he should leave
Switzerland. On 26 September 2002, the applicant lodged an application for review with
suspensive effect with the Swiss Asylum Review Commission. The Commission found the
application manifestly groundless in a decision dated 10 October 2002. It rejected the
application in a ruling dated 13 November 2002. The complainant is no longer authorized to
live in Switzerland and may be expelled to Pakistan at any time.
The complaint
3.1
The complainant asserts that he is in danger of being immediately arrested by the police,
tortured or ill-treated or even condemned to death or summarily executed if he is deported to
Pakistan.
3.2
In justification of his fear, the complainant points out that the Muslim Students
Federation has brought proceedings for blasphemy against him. He supports this assertion with a
letter from the President of the Christian Lawyers Association (CLA) dated 17 August 2002,
stating that proceedings under article 295c of the Pakistani Criminal Code have been instituted