CAT/C/NLD/CO/7
Training
20.
While noting the extensive training provided to public officials, including on the
treatment of prisoners, use of force and identification and referral of vulnerable persons
among asylum seekers, the Committee regrets the absence of information on the
instructions provided for law enforcement personnel at all levels, the overall size of the
target group, the percentage of those trained and the frequency of those training sessions. It
also notes the lack of information on the training provided to public officials on the
provisions of the Convention in Sint Maarten (art. 10).
21.
The State party should:
(a)
Ensure that education, information and instructions regarding the
prohibition against torture are fully included in the training of medical personnel and
other persons who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment;
(b)
Ensure that both the Convention and other related international
instruments are included in training, such as the United Nations Standard Minimum
Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules);
(c)
Develop and
investigation techniques;
implement
training
programmes
on
non-coercive
(d)
Develop and implement specific methodologies to assess the effectiveness
and impact of training and educational programmes provided to relevant public
officials on the provisions of the Convention in terms of reducing the number of cases
of torture and ill-treatment.
National Agency for the Prevention of Torture
22.
While noting that the Law Enforcement Council and other relevant inspectorates
have their own mandates to visit detention facilities in the Caribbean parts of the
Netherlands, the Committee remains concerned that the Optional Protocol to the
Convention remains applicable only to the European part of the State party and the national
preventive mechanism does not have a mandate to conduct regular and routine preventive
activities outside the European Netherlands. In that regard, it notes the intention expressed
by the delegation to have the Optional Protocol applicable in Curaçao as soon as possible.
In addition, the Committee is concerned about consistent reports on the lack of both
resources and independence of the national preventive mechanism. It is also concerned
about information that the mechanism does not effectively monitor detention facilities
leased to foreign countries and military detention facilities, including those managed
overseas (arts. 2, 11, 12, 13 and 16).
23.
The State party should take all necessary measures to withdraw its declaration
on the exclusive territorial application of the Optional Protocol to the European
Netherlands and ensure the applicability thereof throughout the State party, including
in the Caribbean Netherlands. Recalling the Committee’s previous recommendations
(CAT/C/NLD/CO/5-6, para. 28), it should ensure the complete financial and
operational independence of the national preventive mechanism, both factual and
perceived, including by ensuring it has a separate specifically earmarked budget, and
consider reviewing the current formation of the mechanism with a view to bringing it
fully in line with the guidelines on national preventive mechanisms of the
Subcommittee on Prevention on Torture and the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris
Principles). It should also ensure that all aspects of detention facilities leased to
foreign countries and military detention facilities, including those managed overseas,
are effectively monitored.
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