Published on 26 July 2021

FOURTH SECTION

Application no. 22615/21 A.O.J. against the Netherlands lodged on 3 May 2021 c ommunicated on 8 July 2021

SUBJECT MATTER OF THE CASE

The application concerns a Sudanese national whose asylum application was not taken up for consideration by the Dutch authorities as it was found that the Maltese authorities were responsible for the processing of that application pursuant to the Dublin III Regulation. The Dutch authorities held that the Maltese asylum system was not affected by such systemic shortcomings that reliance could no longer be placed on the principle of mutual interstate trust ( interstatelijk vertrouwensbeginsel ).

The applicant complains that his transfer to Malta would be in breach of Article 3 of the Convention on account of the conditions in reception, accommodation and/or detention facilities in Malta.

QUESTION S TO THE PARTIES

In the light of the applicant ’ s claims and the documents which have been submitted, has it been demonstrated that he would face a real risk of being subjected to treatment in breach of Article 3 of the Convention if he were transferred to Malta? In particular, will the material conditions of the applicant ’ s reception, accommodation and/or detention in Malta amount to inhuman or degrading treatment?

FACTUAL QUESTIONS TO THE MALTESE GOVERNMENT

1. Has the applicant been detained in Malta before his departure from that country? If so, in which detention facility and for how long?

2. In which facilities are Dublin returnees received in Malta, upon return?

3. Would the applicant be detained upon his return to Malta? If so, in which detention facility?

4. The Government are requested to provide a detailed description of the conditions in the facilities referred to in questions (2) and (3) above.