THIRD SECTION

Application no. 25304/10 A.A. against the Netherlands lodged on 5 May 2010

STATEMENT OF FACTS

The applicant, Mr A.A., is a citizen of Afghanistan of Hazara origin. He was born in 1978 and is currently staying in the Netherlands . He is represented before the Court by Mr F-W. Verbaas , a lawyer practising in Alkmaar .

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 24 February 2004 the applicant lodged his first unsuccessful asylum application, stating inter alia that he and his family had lived in Iran since 1979 and that, as the Iranian authorities had decided that all Afghan nationals living in Iran had to return to Afghanistan, he had fled to the Netherlands as he feared to be killed in Afghanistan by a vindictive local tribal leader whose son the applicant ’ s father had killed in 1979 over a land dispute. By decision of 14 July 2004 this application was refused. By judgment of 22 February 2006 the Regional Court ( rechtbank ) dismissed his appeal. Although he could have filed a further and final appeal with the Administrative Jurisdiction Division ( Afdeling Bestuursrechtspraak ) of the Council of State ( Raad van State ), the applicant did not do so

On 5 October 2007 the applicant lodged a second asylum application. He based this second application on his conversion to Christianity. On 18 October 2007 the applicant withdrew this application.

The applicant lodged a third asylum application on 3 April 2008. Like his second one, he based this third application on his conversion to Christianity. By decision of 24 November 2008 this application was refused, as his conversion was found to lack credence. The final negative decision on this application was taken by the Administrative Jurisdiction Division on 4 May 2010.

On 6 May 2010 the Court, under Rule 39 of the Rules of the Court, indicated to the Government that the applicant should not be expelled to Afghanistan for the duration of the proceedings before the Court.

COMPLAINTS

The applicant complains under Article 3 of the Convention that there are substantial grounds for believing that, for having converted from Islam to Christianity and for belonging to a vulnerable ethnic minority, he will be subjected to treatment prohibited by that provision if he were expelled to Afghanistan .

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 3 of the Convention if expelled to Afghanistan ?