CAT/C/NLD/CO/5-6
applicants are assessed for both their capacity to be interviewed properly as well as
their eventual needs of treatment and support due to ill-treatment, torture or trauma
suffered;
(b)
To apply the Istanbul Protocol in the asylum procedures and to provide
training thereon for concerned professionals to facilitate monitoring, documenting
and investigating torture and ill-treatment, focusing on both physical and
psychological traces, with a view to providing redress to the victims.
Residence permits to asylum seekers
13.
The Committee notes with concern the reports by reliable sources on the
Government’s intention to change the Aliens Act to abolish article 29, paragraph 1 (c), of
the Act providing for residence permit based on humanitarian grounds, leaving discretion to
the Government to reflect, for example, on the level of the asylum seeker’s integration into
society. This intention is reportedly motivated by the new Government policy to counter the
perceived abuse of the law by requiring the asylum seekers to prove the well-founded fear
of persecution or real risk of suffering cruel or inhuman treatment. The Committee is also
concerned at reports that in the context of such evaluations the Government tends to place
emphasis on the fact that if perpetrators of atrocious acts are duly prosecuted in the country
of destination, the victims are no longer considered being at risk to be subjected to torture
or ill-treatment upon return to that country. This policy may not fully address the
psychological conditions of the concerned individual and therefore should not result in a
negative decision on asylum and return of the person to his country (art. 3 and 16).
The Committee recommends that the State party consider maintaining the provision
in article 29(1) (c) of the Aliens Act and ensure that the assessment of well-founded
fear take into account, inter alia, previous experience of persecution or serious harm
as being seriously indicative of a well-founded fear and whether or not protection
against widespread and generalized violence in the country of destination can be
provided by either the state or other actors, in accordance with article 3 of the
Convention.
Detention of asylum seekers and foreigners based on migration law
14.
The Committee is concerned at reports that asylum seekers arriving at Amsterdam’s
Schiphol airport are systematically detained for average duration of 44 days due to a failure
to comply with the necessary visa requirements, which, for example, prompted a hunger
strike by 19 detainees on 30 April 2013 and the incidents of suicide in protest against
detention. Their grounds for stay are processed according to the Dublin II Regulation
procedure and they remain detained until its outcome (arts. 11 and 16).
The Committee urges the State party to ensure that the detention of asylum seekers is
only used as a last resort, and, where necessary, for as short period as possible and
without excessive restrictions, and to effectively establish and apply alternatives to the
detention of asylum seekers.
15.
The Committee is concerned that the maximum time lime of 18 months for
administrative detention of foreign nationals who await expulsion or return to their country
of origin, based on article 59 of the Alien Act and article 15 of the EU Return Directive
(EU directive 2008/115/EG) is not strictly observed in practice. There have been reports of
about 30 per cent of aliens being administratively detained repeatedly for periods longer
than 18 months because of apprehensions by the police after the release from their first
detention due to absence of valid residence permit.
The Committee recommends that the State party:
(a)
Scrupulously observe the absolute time limit for the administrative
detention of foreign nationals, including in the context of repeated detention;
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