2.7 On 23 February 1999, whilst in alien detention, the complainant filed a second application for asylum with the Dutch authorities. On 19 March 1999, the Secretary of Justice held the application for asylum to be inadmissible.h An appeal from this decision to the District Court of The Hague was rejected on 7 May 1999. 2.8 The complainant claims that, in addition to his participation in the occupation of the Greek ambassador’s residence in The Hague, he participated in other Kurdish political activities. In the Netherlands he took part in: meetings in The Hague and in Arnhem in 1997;i a “celebration” on 15 August 1997 in Middelburg; the “Newroz celebration” on 21 March 1998 in Middelburg; the International Labour Day celebration on 1 May 1998 in Rotterdam; and the “Mazlum Dogan” Youth festivals in 1998 in several Dutch cities. In Denmark, he participated in meetings in Copenhagen where unspecified leaflets were handed out, and in what he describes as “different ‘Abdullah Ocalan related’ activities”.j He also refers to his participation in several “Kurdish activities” in Germany, France and Belgium. 2.9 The complainant refers to the general human rights situation in Turkey, and in particular to reports from a number of nongovernmental organizations and Governments concerning the practice of torture in Turkey. He refers to the reports of Amnesty International and Human Rights Watch published in 1999, which indicated that torture in Turkey was “commonplace” and “widespread”. Reference is made to a report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment dated 23 February 1999, which refers to a visit by that body to Turkey in 1997 and notes that the existence and extent of the problem of torture in Turkey had been established beyond doubt. In particular, the author refers to a 1999 report by the Swiss Refugee Assistance Association (Schweizerische Flüchtlingshilfe), which describes the “deteriorating human rights situation in Turkey due to the arrest of the PKK leader Abdullah Ocalan”, and notes that groups at risk of torture upon return to Turkey included members and sympathizers of HADEP, and persons involved with illegal parties and organizations. The complaint 3.The complainant claims that he would be at risk of being tortured if he were returned to Turkey, and that his return would constitute a violation of article 3 of the Convention. The risk of torture is said to arise from the fact that he is a young Kurd who was previously tortured in Turkey, and that he has engaged in political activities both inside and outside Turkey. In this regard, he claims that there is a real risk that his involvement in the occupation of the Greek ambassador’s residence in The Hague is known to the Turkish authorities. The State party’s observations on admissibility and merit 4.1 By note dated 13 October 1999, the State party advised that it did not object to the admissibility of the complaint; its observations on the merits of the complaint were transmitted by note of 18 February 2000. 4.2 The State party contends that the expulsion of the complainant would not violate article 3 of the Convention. It describes the legal processes by which an application for refugee status in the Netherlands may be made, and how administrative and judicial appeals may be pursued. The relevant legislative framework for the admission and expulsion of aliens is set out in the Aliens Act, and related regulations. Asylum-seekers are interviewed twice by the immigration authorities, and on the second occasion the focus is on the person’s reasons for leaving the country of origin. Legal counsel may attend the interviews. The asylum-seeker receives a copy of a report made after the interviews, and has two days to submit corrections or additions to the report. A decision is then made by an official of the Immigration and Naturalization Service (IND) on behalf of the State Secretary for Justice. If the application is denied, the applicant may lodge an objection, in which case the application will be reviewed by the IND. In certain cases it must consult the Advisory Committee on Aliens Affairs (ACV). A recommendation is made to the State Secretary for Justice, who decides on the objection. If the objection is dismissed, an appeal can be lodged with the District Court. 4.3 The State party recalls that its Ministry of Foreign Affairs periodically issues country reports on the situation in countries of origin to assist the IND in its assessment of asylum applications. When compiling these reports, the Minister makes use of published sources and reports by non-governmental organizations, as well as reports by Dutch diplomatic representations. In its report of 17 September 1999, the Minister noted that, although the human rights situation in Turkey was “clearly deficient”, increased international monitoring had lead to an improvement in a number of fields. It stated that many human rights abuses were related to the “Kurdish question”, and that they consisted mostly of restrictions on the right to freedom of expression and assembly. The report noted that Kurds suffering from persecution could in general settle elsewhere in Turkey, and that in most European countries the situation in Turkey was not regarded as constituting grounds for not returning rejected asylum-seekers to that country. 4.4 The State party emphasizes that the human rights situation in Turkey receives continued attention from the Dutch Government, and that in July 1999, influenced by reports of the death of a former asylum-seeker who was expelled to Turkey in April 1999, it suspended the expulsion of Kurds to Turkey. By letter of 8 December 1999, the State Secretary for Justice stated that, on the basis of investigations conducted by the Ministry of Foreign Affairs, it had been decided to resume expulsions.k 4.5In relation to the petitioner’s personal circumstances, the State party summarizes the information provided by the complainant to the IND during the first and second interviews, relating to his activities in Turkey and his treatment by the Turkish authorities. It notes that, in his decisions of 13 August and 29 September 1997, the State Secretary for Justice concluded that the complainant was not a refugee and that he did not face a genuine risk of being subjected to inhuman treatment within the meaning of article 3 of the European Convention on Human Rights in the event of his return. The Hague District Court dismissed the complainant’s appeal on 23 July 1998. The complainant’s second asylum application was rejected on 19 March 1999, and this decision was upheld on appeal by the Hague District Court on 7 May 1999. The State party remarks that, following proceedings by the author to challenge his alien detention, the detention order against him was withdrawn with effect from 1 September 1999. 4.6The State party observes that the existence of a consistent pattern of gross violations of human rights in a country does not as such constitute sufficient grounds for determining that a particular person would be in danger of being subjected to torture upon being

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