Non-refoulement (7) The Committee is concerned at the difficulties faced by asylum-seekers in the European part of the Kingdom of the Netherlands in substantiating their claims under the accelerated procedure of the 2000 Aliens Act, which could lead to a violation of the non-refoulement principle provided for in article 3 of the Convention. The Committee is particularly concerned that: (a) The 48-hour time frame of the accelerated procedure may not allow asylum-seekers, in particular, children, undocumented applicants and others made vulnerable to properly substantiate their claims; (b) The time provided for legal assistance between the issuance of the report from the first interview and the Immigration and Naturalization Service’s decision is allegedly only five hours and that an asylum-seeker may not be assisted by the same lawyer throughout the proceedings; (c) The accelerated procedure requires asylum-seekers to submit supporting documentation that they are “reasonably expected to possess”, leaving a wide margin of discretion in relation to the burden of proof; (d) The appeal procedures only provide for a “marginal scrutiny” of rejected applications and that the opportunity to submit additional documentation and information is restricted. The Committee takes note of the State party’s intention to revise the accelerated procedure, notwithstanding which, the State party should consider the following when reviewing the procedure: (a) Applications from all asylum-seekers, in particular, children, undocumented applicants and others made vulnerable are processed in such a way that those in need of international protection are not exposed to the risk of being subjected to torture. This may require the State party to establish criteria for cases which may or may not be processed under the accelerated or the normal procedure; (b) All asylum-seekers have access to adequate legal assistance and may be, as appropriate, assisted by the same lawyer from the preparation of the first interview to the end of the proceedings; (c) clarified; The procedures with regard to required supporting documentations for asylum are (d) The appeal procedures entail an adequate review of rejected applications and permit asylum-seekers to present facts and documentation which could not be made available, with reasonable diligence, at the time of the first submission. (8) The Committee notes with concern that medical reports are not taken into account on a regular basis in the Dutch asylum procedures and that the application of the Istanbul protocol is not encouraged. The State party should reconsider its position on the role of medical investigations and integrate medical reports as part of its asylum procedures. The Committee also encourages the application of the Istanbul Protocol in the asylum procedures and the provision of training regarding this manual to relevant professionals. Unaccompanied children and young asylum-seekers (9) While taking into consideration the State party’s clarification that unaccompanied children asylum-seekers in the European part of the Kingdom of the Netherlands are placed in detention centres only when there is doubt about their age, the Committee remains concerned at the situation of young asylum-seekers. The State party should take measures to ensure that when the age of an unaccompanied child is uncertain, verification should be made before placing the child in detention. The State party should pay particular attention to the situation of young asylum-seekers and only use detention as a measure of last resort. The State party should provide adequate housing and education for young returnees awaiting expulsion (CRC/C/15/Add.227, para. 54 (d)). 72

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