THIRD SECTION

Application no . 4854/12 A . S . B . against the Netherlands lodged on 23 January 2012

STATEMENT OF FACTS

THE FACTS

The applicant, Mr. A . S . B . , is a citizen of Jamaica . He was born in 1972 and lives in Alkmaar . He is represented before the Court by Mr. M. Berg , a lawyer practising in A msterdam .

On 22 December 2009 the a pplicant unsuccessfully applied for asylum in the Netherlands . The final decision on this application was taken by the Administrative Jurisdiction Division of the Council of State ( Afdeling Bestuursrechtspraak van de Raad van State ) on 11 January 2012.

COMPLAINTS

The applicant complains that if expelled to Jamaica he will face a real and personal risk of treatment in violation of Article 3 due to his homosexuality. He submits that he has previously suffered violent attacks in Jamaica and he alleges he will risk being attacked again if he has to retur n to his country of origin as hi s name and image have featured in a nationally published interview.

QUESTION TO THE PARTIES

I n 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 the expulsion order were enforced?