IRCT REGIONAL REPORT 2016
Demonstration “Refugees welcome, racism not” to
protest against racism and islamophobia. A lady
holds a sign saying love is stronger than hate.
© Janossy Gergely
Torture victims are able to request and receive MLRs and
according to Dutch law, the IND must request the medico-legal evaluation if it deems it necessary to support the
applicant’s asylum case. The IND will ask an independent
third party to carry out these medical examinations and
will bear the cost of that evaluation. However, if the asylum
seeker is of the opinion that they need an evaluation, but
the IND disagrees, the asylum seeker must bear the cost.
This unfortunately creates an incentive for the IND to
limit referrals for medico-legal evaluations.
In theory, there is no separate procedure to process
asylum claims more quickly in the Netherlands. However,
a decision is made on all asylum cases within eight days,
with a possible extension of six days. There have been
concerns that the eight-day procedure is inadequate for
the asylum seeker to be able to present all relevant information concerning their case including claims of torture
and ill-treatment.17
In practice there are no special reception conditions for
torture victims as they are kept in the same facilities as
all other asylum seekers. There are various issues relating
to material reception conditions, which make it difficult to
guarantee mental health for torture victims. Many reception
facilities are overcrowded and lack privacy, which has a negative impact on the mental wellbeing of torture victims.
Finally, the vast majority of asylum seekers do not have
access to the labour market due to formal restrictions on
the right to work and informal barriers. RvA NL’s says this
makes it difficult for some of their clients to begin to have
more structure and normalcy in their lives.
“A big problem noted by our clients are
the police raids that occur in many of
these facilities on a regular basis. This
is very disconcerting for torture victims,
who are at risk of being re-traumatised
by witnessing armed police officers
storming the premises.”
– Boris Drozdek
page 34
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