CAT/C/32/D/135/1999
Page 6
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 rights situation in Turkey was ‘clearly
deficient’, increased international monitoring had lead to an improvement in a number
of fields. It stated that many human rights abuses were related to the ‘Kurdish
question’, and that they consisted mostly of restrictions on the right to freedom of
expression and assembly. The report noted that Kurds suffering from persecution
could in general settle elsewhere in Turkey, and that in most European countries the