CAT/C/NLD/CO/5-6
Non-refoulement
11.
Noting the positive impacts of amending the asylum procedure in July 2010,
introducing the eight-day accelerated procedure, and the information that almost 90 per cent
of new asylum applications were processed or at least interviewed under the eight-day
procedure, the Committee is nevertheless concerned that the pressure to decide claims
speedily puts constraints on procedural safeguards and fair review of applications by the
Immigration and Naturalization Service. In particular, the Committee is concerned that:
(a)
The accelerated procedure may prevent asylum seekers from fully presenting
and substantiating their claims and therefore put the persons in need of international
protection at heightened risk of rejection and possible return to a country where they may
face persecution, torture or ill-treatment, in violation of the non-refoulement principle (art.
3);
(b)
Only 12 hours of legal aid are allocated during the asylum procedure, which
may limit the quality of legal advice to asylum seekers with complex claims (art. 3);
(c)
The information forwarded by the asylum seeker after the initial decision has
been taken by the authorities concerned is considered to have less value than the
information provided before the initial decision was adopted and that the appeal procedures
before the Council of State (the Administrative Jurisdiction Division) provide only for a
marginal review of the facts which substantially limits the effectiveness of the appeal
procedures (art. 3).
Noting the intention of the State party to evaluate the accelerated asylum procedure in
2013, the Committee recommends that the State party consider the following
revisions:
(a)
Allow sufficient time for asylum seekers, especially those in the
accelerated procedures, to fully indicate the reasons for their application and obtain
and present crucial evidence in order to guarantee fair and efficient asylum
procedures in order to ensure that the legitimacy of applications for protection by
refugees and other persons in need of international protection is duly recognized and
refoulement is prevented;
(b)
Allow for adequate legal assistance to all asylum seekers including by
providing for exceptions from the maximum number of hours of legal assistance
during the asylum procedure to facilitate submission of complex claims; and
(c)
Allow asylum seekers to present new evidence which could not be made
available at the time of the first interview on the merits and ensure that the appeal
procedures before the Council of State provide for a full review of rejected
applications.
Medical examinations as part of asylum procedure
12.
The Committee is also concerned that during medical examinations that form a part
of asylum procedure, individuals are primarily assessed on their ability to be interviewed
while disregarding their eventual needs of treatment and support due to ill-treatment, torture
or trauma suffered. This practice of not using the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) as a means for establishing a link between the asserted illtreatment in the asylum application and the findings of actual physical examination is not in
conformity with the requirements set out in the Istanbul Protocol (arts. 3 and 10).
The Committee recommends that the State party take measures:
(a)
To identify asylum seekers with specific needs as early as possible by
ensuring that during the medical examination as part of asylum procedure the
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