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X v. THE NETHERLANDS

Doc ref: 14319/17 • ECHR ID: 001-173269

Document date: March 30, 2017

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X v. THE NETHERLANDS

Doc ref: 14319/17 • ECHR ID: 001-173269

Document date: March 30, 2017

Cited paragraphs only

Communicated on 30 March 2017

THIRD SECTION

Application no . 14319/17 X against the Netherlands lodged on 21 February 2017

STATEMENT OF FACTS

The applicant is a Moroccan national, who is currently staying in the Netherlands. He is represented before the Court by Mr P.J. Schüller , a lawyer practising in Amsterdam.

The applicant entered the Netherlands in 2012 on a tourist visa, but overstayed. In 2014 he was arrested on suspicion of a criminal offence and placed in police custody . He was acquitted by a first-instance court, but convicted on appeal. An appeal in cassation ( cassatie ) with the Supreme Court ( Hoge Raad ) , lodged by the applicant, is still pending.

After the applicant ’ s detention on remand came to an end, he was placed in immigration detention ( vreemdelingendetentie ). On the same day he filed an asylum request, which was rejected.

The applicant complains that his removal to Morocco will result in a violation of Article 2 and/or 3 of the Convention.

QUESTION

In the light of the applicant ’ s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 2 and/or 3 of the Convention if his expulsion to Morocco would be enforced?

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