CAT/C/30/D/191/2001 page 7 The State party’s observations on admissibility and merits 4.1 On 22 April 2002, the State party submitted its observations on the merits of the complaint. The State party does not contest the admissibility of the complaint. 4.2 The State party submits that due to the high population density in the Netherlands, the admission of asylum-seekers to the country is limited to three grounds for admission: (a) refugee status under the 1951 Geneva Convention relating to the Status of Refugees; (b) the preservation of essential Dutch interests; and (c) compelling reasons of a humanitarian nature. Refugee status under (a) requires well-founded reasons to fear persecution on the basis of religious, ideological or political convictions or nationality or on the basis of membership of a particular race or social group. In determining whether a person is a refugee, the Dutch authorities also assess if return to the country of origin would conflict with the State party’s obligations under article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and under article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Asylum applications are dealt with by the IND, which is subordinate to the Ministry of Justice. After a first and a second interview with the applicant, the IND officer who conducted the second interview prepares a report on which the applicant may submit comments. Based on a legal presumption, failure by the IND to take a decision on the asylum application within six months constitutes a negative decision against which the applicant may file an objection. If the applicant invokes medical grounds for his refugee claim, a medical advice with the legal value of expert opinion may be sought from the Medical Assessment Section (BMA) of the Ministry of Justice. Pending the BMA’s opinion, the expulsion of the applicant, if ordered, may be suspended. 4.3 With regard to the human rights situation in Sri Lanka, the State party refers to three decisions of the District Court of the Hague and the 1996-2001 country reports by the Netherlands’ Ministry of Foreign Affairs which state that the return of rejected Tamil asylum-seekers to the government controlled areas of the West, the centre and the South of Sri Lanka - where no registration with the police or another authority is required in order to settle - was still a responsible course of action. However, the 2000 report also states that in these areas Tamils are frequently detained for up to 72 hours in the context of identity checks. Moreover, in Colombo, Tamils were occasionally harassed by the Sinhalese population and sometimes tortured by the police when suspected to be involved with the LTTE. The country reports also identify a number of risk factors which contribute either to (1) the general risk of being arrested for 48-72 hours following an identity check or (2) the aggravated risk of being detained for a longer period of time in which case the danger to be tortured increases substantially. Risk factors under (1) include (a) young age; (b) little knowledge of Sinhalese; and (c) Tamil origin. Risk factors under (2) include (a) recent arrival in Colombo from one of the country’s war zones; (b) non-possession of valid identity documents; (c) data contained in police files indicating that a person might be involved in LTTE activities or might have knowledge of such activities; and (d) scars on the body of a person in case a suspicion of LTTE involvement already exists. In case of firm evidence of LTTE involvement, a person can be detained for a period of up to 18 months under the Emergency Regulations or the Prevention of Terrorism Act.