real reason for the attack. The police opened an inquiry, but in the end the
case was filed for lack of evidence.
2.3 The authors state that in September 1994, their child was kidnapped from
his day nursery, allegedly by four men in military uniforms. In the evening X
and Y received a telephone call, informing them that their son would be killed
unless they left the country. Subsequently, the authors arranged for airplane
tickets to Germany, their son was returned to them and they left the country.
Two days after their arrival in Germany, the authors and their son entered the
Netherlands and requested recognition as refugees.
2.4 On 3 November 1994, their request was rejected by the Secretary of
Justice and they were ordered to leave the country. On 2 February 1995, the
authors' appeal against the refusal to grant them a residence permit was
declared inadmissible. On 18 July 1995, the court in The Hague rejected the
authors' request for an order to stay their expulsion. Since no appeal
possibility is said to exist against the court's decision, the authors claim that
they have exhausted all available domestic remedies.
2.5 It appears from the enclosures that the authors were no longer in
possession of their passports when they entered the Netherlands. The
documents further show that the Netherlands authorities were of the opinion
that the authors' story lacked credibility, inter alia, because X did not mention
in the first hearing his activities in support for sexual liberty and his wife had
no knowledge about his bisexuality; further, it was noted that the authors had
never reported the abduction of their son to the local authorities, so that it
cannot be said that the authorities failed to give them protection; nor did the
authorities find any indication that the alleged intimidation of the authors'
family was linked with X's activities. In this respect it is noted that the assault
in July 1994 was reported in the police report as a robbery and that there is no
indication that the alleged abduction of the authors' son was related to X's
activities or that State authorities were involved. Furthermore, the authors
were able to leave Georgia with a valid passport, justifying the conclusion
that the authors had not negatively attracted the attention of the Georgian
authorities. In arriving at his decision the Netherlands Secretary of Justice
also based himself on information from the Ministry of Foreign Affairs that
there was no active prosecution policy in Georgia against homosexuals.
3. The authors claim that they fear for their life if they are to return to
Georgia. In this context, they state that X's boyfriend was found killed and
that X's parents were assaulted by militia men at their home in October 1994,
allegedly because they were looking for X, that his father was abducted and
found injured on 15 February 1995 and died on 16 February 1995. They