Dutch government proposed amendments to the Aliens Act, which included the processing of asylum
claims in some instances within eight days, including in complex cases. In 2009, the UN Human Rights
Committee expressed its concern that existing “accelerated procedures”, allowing determination of
asylum applications within 48 working hours, and the proposed eight-day procedure, might not allow
asylum-seekers to substantiate their claims adequately, putting them at risk of forcible return.83 In its
most recent Annual Report on the Netherlands, Amnesty International also voiced its concern that the
eight-day asylum procedure impedes asylum-seekers from substantiating their claims and will result
in the rejection of well-founded claims. In addition, it believes that most asylum claims are processed
using the new eight-day asylum procedure, and that of these, over 50 percent receive a determination
of the claim within the eight days.84
Rest of Europe:
All other European countries reported that there is no accelerated procedure for assessing asylum
claims (Armenia, Kosovo, Moldova and Turkey).
North America and the Pacific
In Canada, there is an accelerated procedure for assessing asylum applications, and VoTs can be processed within it.85 In the USA, there is no accelerated procedure for assessing asylum applications, and
the IRCT member centres reported that the US Immigration Authorities have a huge backlog in cases.86
Neither Australia nor New Zealand has an accelerated procedure for assessing asylum applications.
However, in Australia, the asylum procedure is accelerated for persons in detention, regardless of the
specific circumstances of their case (i.e. not necessarily on the basis that they are a VoT), but there are
no clear time-frames.
QUESTION 16
Are measures taken to avoid the detention of VoTs?
The detention of asylum-seekers is a worrying trend in many asylum-receiving countries. It is even
more concerning where those detained may have previously suffered torture and ill-treatment in their
home country. Detention is likely to exacerbate any physical or mental health problems suffered as a
result of past torture, particularly if asylum-seekers are detained for long periods of time. The issue of
detention is considered in more detail in Part 3 of the report.
General observations
Centres in the majority of the countries participating in the survey reported that there are no measures
taken to avoid the detention of VoTs (61 percent). This is particularly concerning for two reasons. First,
once in detention, there is substantial research showing that both the physical and mental health of
any individual is highly likely to deteriorate.87 This deterioration is likely to be even more severe for
someone, such as a VoT, who has pre-existing health conditions. Secondly, detention is likely to retraumatise an individual, particularly if their previous experience of torture or ill-treatment took place
in a detention environment in their home country. In addition, once in detention, if there is no effective
system in place to monitor the health of individuals, then health problems that require treatment may
go undetected for some time as there is likely to be less support (both medical and legal) made readily
available to detainees.
Europe
EU countries:
The majority of the EU Member States represented have no measures in place to avoid the detention of
Recognising victims of torture in national asylum procedures / 51
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