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Martin Stolk

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Hague court backs up ruling with women’s treaties

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On June 10, 2025, the Hague District Court handed down a meaningful ruling in the case of Christina and her husband. The family has filed successive applications for asylum. Central to the case is the account of Christina, who claims to have been abused and raped by members of an extremist group. While the secretary of state finds the sexual violence credible, it finds the circumstances and perpetrators implausible. It also refuses to reimburse the cost of the iMMO investigation submitted by Christina.

In this ruling, the court emphasizes the importance of expert forensic-medical assessment, especially in cases of severe sexual violence and psychological problems. It explicitly confirmed that medical-forensic findings should never be assessed as binary evidence (yes/no evidence), but should always be considered as supporting evidence. Moreover, the IND itself had not commissioned expert evidence to refute iMMO’s findings. Therefore, the Secretary of State could not deem the claimant’s account implausible without a breach of her own duty to investigate.

What is special about this ruling is that the court argues that the sexual violence should have been considered an independent motive for asylum. In doing so, the court refers extensively to international standards, including CEDAW General Recommendation 32 and the Istanbul Convention. According to these conventions, asylum authorities must always assess gender-based violence thoroughly and gender-sensitively. The court emphasizes that this applies to both women and men, as shame, stigma and trauma often make explanations seriously difficult.

In doing so, the court followed the line that the violence undergone may in itself require refugee status, subsidiary protection or protection on humanitarian grounds. The IND had not examined this, which makes the decision making careless and unsoundly motivated.

Also on the issue of successive applications, the court looks deep into the IND’s methodology. Instead of assessing all old and new evidence in conjunction, the IND only looked at whether new documents changed anything “with respect to” the earlier decision. The court stated that this is incorrect: in a subsequent application, all evidence from all procedures must be assessed as a whole.

A second crucial part of the ruling is that the court ruled that the IND had improperly denied the payment of the iMMO fees because this policy does not take into account traumatized asylum seekers who are often not able to explain or conduct specialist examinations until later. Moreover, the examination was necessary because the IND itself did not conduct a medical examination while the claimant’s psychological symptoms limited her ability to explain. The court therefore mandated full reimbursement. To this day, the IND has not yet made payment.

The IND must decide the asylum claims again, taking into account the iMMO report, sexual violence as an independent motive, a proper coherent assessment of evidence, and a completely new hearing on political affiliation.

This ruling sets a firm precedent for the importance of gender-sensitive assessment of sexual violence as well as the recognition of iMMO as an expert body.

Read the substantive case study here.

(* Names are fictitious)

Photo by Jussara Paulo on Unsplash

Gender violence and multiple trauma

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Christina* is 32 years old, married with two children, when she comes to iMMO for an investigation. Originating from an Asian country, she states that after her marriage in 2015, she was kidnapped, abused and raped by an extremist group which had deeply traumatic consequences. When she goes to the authorities to seek protection, she is also abused by them.Because of cultural stigma and trauma, she can hardly speak about it. Together with her husband and two children, she flees to the Netherlands.

At the FMMU examination for the IND hearings, no obvious impairments are yet seen, although she already has sleep complaints and is tense. A few years later, however, the psychological symptoms have greatly increased. Christina receives treatment and is diagnosed with severe and complex PTSD because she was also multiple sexually abused in her childhood. The trauma is recalled by events in the AZC. For example, the placement of an unknown man in her home has led to re-experiences, intense fear and severe disruption. In addition, she states that she was raped by two men in the Netherlands. She has very limited ability to speak about this. She experiences much shame, guilt, avoidance and has difficulty with emotion regulation.

The IND rejected her first asylum application in 2019. While her identity and nationality are considered credible, the IND found her husband’s account implausible. With that, her own account, including her abduction and undergone sexual abuse, both by rebels and authorities, is also deemed implausible. The IND points out that they have been able to leave the country legally and, in conjunction with her husband’s account, which is considered implausible, sees no real risk of a violation of Article 3 ECHR. The position of the IND was also confirmed in appeal, appeal and the final decision of the Council of State.

In the repeated asylum application, Christina’s attorney requests an iMMO examination. Her psychological symptoms, described by experts as severe, trauma specific and appropriate to PTSD, could possibly explain why she was previously unable to explain fully, chronologically and in detail about the sexual violence. Shame, dissociation, avoidance and anxiety are well-known symptoms within PTSD that can severely limit the ability to explain.

The iMMO study shows that the person’s psychological symptoms – including dissociations, avoidance, shame, reliving, nightmares and physical stress reactions – are emphatically consistent with the alleged violence and, according to the gradations of the Istanbul Protocol, are assessed as typical of the sexual and physical abuse she described. The physical issues are of limited relevance, but do support the overall picture.

iMMO concludes that her mental condition most likely limited her ability to make complete, coherent and consistent statements as early as the initial proceedings. For the subsequent application, these limitations certainly interfered with her statements.

The iMMO report is inserted into the repeat application.

Read on here for the legal follow-up.

(* Names are fictitious)

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The new European Pact on Asylum and Migration: what will change?

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The European Pact on Asylum and Migration entered into force on June 11, 2024. It consists of nine regulations and one directive and applies in all EU countries from June 12, 2026. The rules largely take effect immediately, but the Netherlands still needs to make national decisions and transpose the Reception Conditions Directive into law. This will significantly change the asylum procedure, including how forensic medical examinations of asylum seekers are conducted and assessed, with consequences for the work of the iMMO foundation.

The Pact on Asylum and Migration has three objectives: more secure external borders, stricter and fairer asylum and return rules, and a balance between solidarity and responsibility. All EU countries have two years to implement it. The pact accelerates procedures with mandatory border screening, shorter decision periods (usually six months), and a solidarity mechanism: countries receiving large numbers of asylum seekers will receive support through relocation or financial aid.

Not everything is set in stone. Member states are free to decide on certain points, such as extending decision deadlines or offering free legal assistance. The Netherlands published a legislative proposal to implement the pact on December 23, 2024. The Council of State issued its recommendation on October 22, 2025: observe fundamental rights during detention, be clear about deadlines, and distinguish between residence status and residence permit.

Article 18 of the old Asylum Procedures Directive required Member States to arrange a forensic medical examination in cases of suspected torture. This obligation is absent in the new Asylum and Migration Pact; the focus is primarily on uniform procedures such as information and interviews. Article 20 of the pact does mention “special guarantees,” and Article 24 the possibility of “conducting a medical examination,” but there is no obligation to conduct a forensic medical examination, as previously stipulated in Article 18.

In the future, member states will still be able to arrange forensic medical examinations themselves; the question is whether the Dutch government will defer this. Finally, iMMO is concerned about whether the new screening procedure at the external borders offers sufficient safeguards for vulnerable asylum seekers who require forensic medical examinations.

iMMO closely monitors all new legal trends and developments. We recently attended the WRV meeting of the Dutch Council for Refugees, where workshops on the pact were held. In the coming period, we will continue to monitor how the Netherlands implements the regulations and what this means for the implementation of forensic medical examinations.

Image by Nadeem Choudhary from Pixabay

How do you express homosexual feelings?

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iMMO recently assessed Jamar*, a 40-year-old man from an African country where homosexuality is prohibited. His application for international protection was rejected because his sexual orientation (homosexuality) was deemed implausible.

During his interviews at the Immigration and Naturalisation Service (IND), he described the development of his friendship with his school friend. They had known each other since childhood, and when they both reached puberty, they secretly discovered their sexual orientation together. They were intimate and cared deeply for each other, but in public, they were no more than close school friends.

It is striking how Jamar repeatedly stated during the hearings that he didn’t know the words and didn’t know exactly what they were doing at the time or what the consequences would be. Their sexual intimacy was something they were discovering together for the first time; therefore, it remained secret, especially when it became clear to them that it was “not appropriate” and very dangerous.

Jamar’s friend was murdered after neighbors accused them of being homosexual. Jamar calls it “man-to-man business.” He subsequently fled abroad.

The iMMO investigation revealed that Jamar suffers from multiple psychological issues (specifically PTSD and depression) that, according to the Istanbul Protocol, are typical of the violence he describes. The psychologist describes how difficult it is for Jamar to mentalize.

Mentalization is the ability to understand and articulate one’s own thoughts, feelings, and motives—and those of others. This can be difficult due to various factors, such as intellectual disability, high stress, or because it wasn’t learned in the upbringing and culture in which one grew up. This can make it difficult to answer specific questions about one’s sexual orientation and its development.

In the Netherlands, we are accustomed to using words and expressing feelings. The development of sexual preference is discussed, including in the education system. However, in many cultures, this isn’t the case. Nevertheless, people applying for asylum are expected to be able to think and express themselves in the Dutch, rather direct, way.

This case illustrated the high expectations we can have for asylum seekers’ ability to articulate their emerging feelings or involvement with a queer community. Both mentalizing and using words for homosexual feelings can be entirely new to some.

*) Names have been changed.

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Torture Journal on Israel and Occupied Palestine

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This fall, a double-sized issue of the Torture Journal dedicates extra attention to Israel and Occupied Palestine. The journal presents a comprehensive collection of academic analyses and field observations of torture, genocide, and the psychosocial effects of prolonged occupation in Israel and Occupied Palestine. Besides highlighting the suffering of war, there are articles on how public opinion in Israel is being prepared for genocidal policies and the systematic torture of Palestinians in Israeli prisons. The issue also includes a gripping compilation of one hundred testimonies of genocidal torture in Gaza, providing unprecedented firsthand evidence of the patterns and logic of exterminationist violence. These and many more articles can be read here.

Photo by Ye Jinghan via Unsplash

Reimbursement for assessment takes time

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In Ibrahim’s case, the lawyer submitted the invoice for reimbursement along with the iMMO report. A positive decision followed shortly thereafter, but the IND (Immigration and Naturalization Service) did not respond to the reimbursement request. After some time, the lawyer submitted another request. When that request also remained unanswered, two reminders followed: first after a few months, and again more than six months after the initial request. Finally, almost a year later, the IND indicated that the reimbursement fell within their internal guidelines and would be granted after all.

This case demonstrates that the reimbursement process is often lengthy and complex. iMMO investigations are labor-intensive and expensive. iMMO charges a fee based on the rates for expert reports in criminal cases. In 2025, this rate amounted to €8,470, while the actual costs were around €17,000.

The IND assesses requests for reimbursement based on an internal guideline. This guideline states that reimbursement only occurs if the iMMO report demonstrably contributed to the decision to grant asylum, and in principle only for initial applications. For subsequent applications or when other factors are decisive, the IND rejects the reimbursement – even if the iMMO report was substantively relevant.

According to iMMO, the outcome of the asylum application should not be the determining factor, but rather the substantive role a report plays in the decision-making process. The distinction between initial and subsequent applications is also irrelevant, according to iMMO. Approximately 40% of applications submitted to iMMO are subsequent asylum applications. Shame and fear often prevent those involved from being able to speak about traumatic experiences until later—a dynamic that the Council of State recognized in its ruling of December 13, 2023.[1] For this reason, many iMMO reports are only submitted within a repeated asylum application.

[1] Council of State, December 13, 2023, (202108163/1, ECLI:NL:RVS:2023:4620) point 6.3

Photo by Nsey Benajah on Unsplash

Exorcism and abuse

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Ibrahim* is a 24-year-old young man from West Africa. He is gay and says he has always had to lead a double life because same-sex relationships are punishable in his country. After experiencing multiple violent incidents and out of fear of arrest, Ibrahim decides to flee. Initially, Ibrahim secures a place to study in Ukraine, but he comes to the Netherlands when Russia invades the country in 2022. When the Netherlands revoked the residency rights of so-called “third-country nationals,” he applies for asylum.

The Immigration and Naturalization Service (IND) considers Ibrahim’s identity, nationality, and origin credible, but not his homosexuality. He claims Ibrahim made too general statements about these matters and failed to make his homosexuality sufficiently concrete. His application for international protection is rejected. Ibrahim’s lawyer requests a forensic medical examination from iMMO.

During the iMMO examination, Ibrahim reveals that he was caught having sex with his best friend at the age of 13. After that, his life changed completely. He was abused by his father, and when he ran away, he hit his forehead against a wall. His mother, a pastor, took him to several exorcisms to “cure” him of his homosexuality. During these rituals, Ibrahim was slashed multiple times with a razor and his leg was burned with a torch. He was ostracized and discriminated against by his community.

Ibrahim says that during his studies, he had a relationship with a head teacher, who also abused him. The head teacher paid Ibrahim’s tuition and asked for sexual favors in return. When Ibrahim indicated he no longer wanted this, the head teacher threatened to destroy Ibrahim’s life. The head teacher had taken photos and videos of him and used them to blackmail him. This led Ibrahim to flee. He was able to travel to Ukraine with a student visa. When war broke out there, he fled to the Netherlands.

Examination

During the physical examination, several scars were found and assessed. The scar on his forehead, which he sustained when he hit his head hard against a wall, was assessed as consistent with the Istanbul Protocol. Because a forehead wound can easily be accidental, and hitting your forehead can easily result in a laceration or deep abrasion, the grade was not high.

The scars Ibrahim sustained from the exorcism ritual, during which he was cut multiple times with a razor, were assessed as typical of this alleged violence. The scar Ibrahim sustained from the torch burning was assessed as highly consistent.

The psychological examination revealed clear psychological symptoms that, according to the Istanbul Protocol, are typical of the violence Ibrahim described. For example, he avoids talking about the violence he experienced, talking about it visibly causes him tension, and he experiences specific flashbacks to his father’s abuse and the exorcisms. It becomes clear that seeing and discussing his own scars triggers flashbacks.

The report was submitted during Ibrahim’s initial proceedings. Six months after the iMMO report was submitted, Ibrahim finally received his residence permit.

(*) Names have been changed.

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Torture journal vol. 35 no. 1 – 2025

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In the first Torture Journal of 2025, the journal of recovery for victims of torture and prevention of torture, among other things, an article on the long-term effects of torture, traumatic brain injury and PTSD on cognitive and emotional functions. “In most countries, asylum-seeking is based on interviews in which individuals must provide a detailed and coherent narrative of the events that justify asylum. However, the neurological consequences of torture are rarely considered during asylum-seeking interviews, and a lack of details and coherence might be considered as a proxy for false statements.”

You can read the magazine here (free) (English)

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Annual Report 2024

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iMMO stands for careful legal procedures on behalf of victims of torture and violence. Sometimes this requires a forensic medical examination. That is iMMO’s expertise. In 2024 we again assessed dozens of people. They were able to include an iMMO expert report in their request for international protection. We also further fleshed out iMMO’s role as an expertise center with trainings, lectures and explanations in court cases and before the Council of State.

We hereby share with you the 2024 Annual Report. (Dutch)

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