M.K.O. (name withheld) v. The Netherlands,
Communication No. 134/1999,
U.N. Doc. CAT/C/26/D/134/1999 (2001).
Communication No. 134/1999

Submitted by: M.K.O. (name withheld) [represented by counsel]
Alleged victim: The author
State party: Netherlands
Date of communication: 25 May 1999
The Committee against Torture, established under Article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 9 May 2001,
Having concluded its consideration of communication No. 134/1999,
submitted to the Committee against Torture under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Having taken into account all information made available to it by the author
of the communication, his counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.1 The author of the communication is Mr. M.K.O., born in 1970 and a
Turkish national of Kurdish origin, currently residing in the Netherlands.
The author applied for refugee status in the Netherlands on 22 June 1997.
His application was rejected. He claims that his deportation to Turkey would
expose him to a risk of torture and constitute therefore a violation by the
State party of article 3 of the Convention. He is represented by counsel.
1.2 In accordance with article 22, paragraph 3, of the Convention, the
Committee transmitted the communication to the State party on 26 May
1999 and requested it to provide observations on the admissibility and
merits of the communication. The State party was also requested, pursuant
to rule 108, paragraph 9, of the Committee's rules of procedure, to defer the
removal of the author to Turkey while his communication was under its
consideration.

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