prevails in Sri Lanka, and refers in this regard to article 3(2) of the
Convention. Counsel also claims that given the human rights situation in Sri
Lanka, it is inappropriate to decide on such cases in an accelerated
procedure.
The State party's observations on admissibility and merits
4.1 On 1 June 2001, the State party submitted its comments on the
admissibility and merits of the communication. The State party does not
contest the admissibility of the communication.
4.2 As to the merits, the State party begins by describing the refugee
determination process in the Netherlands. Asylum applications are dealt
with by the IND. If an application for admission as a refugee can be
assessed within 48 hours, it is dealt with at the application centre, of which
there are four. Asylum seekers are interviewed with the aid of a
questionnaire, which contains no questions regarding the applicant's reasons
for seeking asylum. An interpreter is also made available if necessary.
4.3 The next step consists of an in-depth interview prior to which the
applicant has an opportunity to prepare with the assistance of a legal advisor
for two hours. If the preparation for the second interview takes more than
two hours the time limit of 48 hours within which a decision must be taken
on the application is extended commensurately. The second interview
focuses mainly on the reasons for leaving the country of origin. The
applicant is given an opportunity to correct or add information to the report
of this interview with the assistance of his/her legal advisor and with a
preparatory time of three hours, but this period may be extended, if
necessary. Subsequently, an officer from IND takes a decision on the
application.
4.4 The State party submits that to assist IND officials in assessing asylum
applications, the Minister of Foreign Affairs regularly issues country reports
on the situation in countries of origin. In drawing up these reports, the
Minister makes use of published sources and reports by non-governmental
organisations, as well as reports by Dutch diplomatic missions in the
countries of origin.
4.5 The State party states that asylum seekers staying at an application
centre have access to medical care. Basic facilities are also available at such
centres, including a dormitory, daytime activities and the provision of hot
and cold meals. The State party, states that if an application is refused the
asylum-seeker may request the Minister of Justice to review the decision
and then appeal to the District Court. In cases where the individual has been