European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2012/1296.html
Cite as: [2012] ECHR 1296
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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 Amsterdam.
On 22 December 2009 the applicant 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 return to his country of origin as his name and image have featured in a nationally published interview.
QUESTION TO THE PARTIES
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 the expulsion order were enforced?