CAT/C/32/D/135/1999
Page 4
whereabouts on several occasions.3 He also learned that the police had asked his
father in writing for information about his son’s whereabouts.
2.5 On 29 May 1997, the complainant applied for asylum in the Netherlands. This was
rejected by the Secretary of the Ministry of Justice on 13 August 1997. On 25 August
1997, the complainant requested the Secretary of Justice to review his decision, but
this was declined on 29 September 1997. An appeal against the refusal of the
Secretary to grant asylum was dismissed by the District Court of The Hague on 23
July 1998. Thereafter, the complainant left the Netherlands for Denmark,4 and applied
for asylum in that country.5
2.6 The complainant left Denmark on 14 February 1999 and returned to the
Netherlands on 15 February 1999. Shortly afterwards,6 he participated in a
demonstration against the role of the Greek government in the arrest of Abdullah
Ocalan, resulting in the occupation of the Greek ambassador’s residence in The Hague
by approximately 200 Kurds, including the complainant. The occupation received
considerable international attention. The Turkish media described the occupation as a
‘PKK activity’, and labeled the participants as ‘terrorists’. After the occupation ended,
the complainant was arrested in connection with his involvement in the occupation,
and on 20 February 1999, he was placed in alien detention, and subsequently
prosecuted.7
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.8 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
3
In the State party response, it appears that the complainant had told the immigration officials that his
father had been arrested. This is not referred to in the initial communication.
4
No date is provided.
5
No details are provided.
6
No date is provided.
7
There are no details of the charges, or of any conviction or sentence.
8
No details are provided.