2.9
The complainant refers to the general human rights situation in Turkey, and in particular
to reports from a number of non-governmental organizations and Governments concerning the
practice of torture in Turkey. He refers to the reports of Amnesty International and Human
Rights Watch published in 1999, which indicated that torture in Turkey was “commonplace” and
“widespread”. Reference is made to a report of the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or Punishment dated 23 February 1999, which
refers to a visit by that body to Turkey in 1997 and notes that the existence and extent of the
problem of torture in Turkey had been established beyond doubt. In particular, the author refers
to a 1999 report by the Swiss Refugee Assistance Association (Schweizerische Flüchtlingshilfe),
which describes the “deteriorating human rights situation in Turkey due to the arrest of the PKK
leader Abdullah Ocalan”, and notes that groups at risk of torture upon return to Turkey included
members and sympathizers of HADEP, and persons involved with illegal parties and
organizations.
The complaint
3.
The complainant claims that he would be at risk of being tortured if he were returned to
Turkey, and that his return would constitute a violation of article 3 of the Convention. The risk
of torture is said to arise from the fact that he is a young Kurd who was previously tortured in
Turkey, and that he has engaged in political activities both inside and outside Turkey. In this
regard, he claims that there is a real risk that his involvement in the occupation of the Greek
ambassador’s residence in The Hague is known to the Turkish authorities.
The State party’s observations on admissibility and merit
4.1
By note dated 13 October 1999, the State party advised that it did not object to the
admissibility of the complaint; its observations on the merits of the complaint were transmitted
by note of 18 February 2000.
4.2
The State party contends that the expulsion of the complainant would not violate article 3
of the Convention. It describes the legal processes by which an application for refugee status in
the Netherlands may be made, and how administrative and judicial appeals may be pursued. The
relevant legislative framework for the admission and expulsion of aliens is set out in the Aliens
Act, and related regulations. Asylum-seekers are interviewed twice by the immigration
authorities, and on the second occasion the focus is on the person’s reasons for leaving the
country of origin. Legal counsel may attend the interviews. The asylum-seeker receives a copy
of a report made after the interviews, and has two days to submit corrections or additions to the
report. A decision is then made by an official of the Immigration and Naturalization Service
(IND) on behalf of the State Secretary for Justice. If the application is denied, the applicant may
lodge an objection, in which case the application will be reviewed by the IND. In certain cases it
must consult the Advisory Committee on Aliens Affairs (ACV). A recommendation is made to
the State Secretary for Justice, who decides on the objection. If the objection is dismissed, an
appeal can be lodged with the District Court.
4.3
The State party recalls that its Ministry of Foreign Affairs periodically issues country
reports on the situation in countries of origin to assist the IND in its assessment of asylum
applications. When compiling these reports, the Minister makes use of published sources and
reports by non-governmental organizations, as well as reports by Dutch diplomatic
representations. In its report of 17 September 1999, the Minister noted that, although the human
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