CAT/C/NLD/CO/7
effective and impartial investigations of cases of inter-prisoner violence, particularly
in the Caribbean part of the Netherlands and in Aruba and Curaçao.
Persons serving life sentences
34.
The Committee takes note of the recent judgment made on the right to hope by the
Grand Chamber of the European Court of Human Rights (see Murray v. The Netherlands)
and the Dutch Supreme Court (Case No. 15/00402, ECLI:HR:2016:1325) finding that a life
sentence without the prospect of release may constitute degrading and inhuman treatment in
violation of article 3 of the European Convention on Human Rights, and the State party’s
subsequent establishment of the Advisory Committee on persons serving life sentences to
review life sentences. However, it remains concerned that the review, which takes place
after 25 years of detention, is to determine whether to allow life-sentenced prisoners to start
reintegration activities, while the decision on granting a pardon is made two years later.
Furthermore, while noting that the Advisory Committee consists of independent experts,
such as former judges, the Committee is concerned that the final decision is left to the
Secretary of State (art. 11).
35.
The State party should ensure that prisoners serving life sentences have the
prospect of release or a reduction in their sentence, with respect to the right to hope,
after a reasonable period of time and that an independent judicial mechanism be
established in all of its constituent countries to periodically review the situation of
such prisoners. Furthermore, those prisoners should be informed of the possibility of
a review or reduction in their sentences at the earliest possible time.
Juvenile justice
36.
While taking note of the explanations provided by the delegation, the Committee is
concerned that pursuant to the Adolescent Criminal Law and section 77 (b) of the Dutch
Penal Code, minors aged 16 and 17 may be tried as adults under ordinary criminal law in
cases of grave offences (for example homicide) and may be sent to serve their sentence in
adult penitentiary institutions. It also regrets the reservation made by the State party
concerning article 40 of the Convention on the Rights of the Child, thereby allowing
children to be interviewed or interrogated in the absence of a lawyer or their parents, in
cases involving minor offences (arts. 11, 12 and 16).
37.
The State party should ensure the full implementation of juvenile justice
standards and of the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations
Rules for the Protection of Juveniles Deprived of their Liberty. In particular, it should:
(a)
Amend its legislation to ensure that minors are not tried under the adult
criminal law and do not serve their sentences in adult penitentiary institutions, in
accordance with international law;
(b)
Ensure that minors are detained as a last resort only and for the shortest
possible period, that they are separated from adults and afforded full legal safeguards,
particularly the right to legal counsel, and use non-custodial measures for minors who
are in conflict with the law;
(c)
Pursue and improve training on juvenile justice matters for all
professionals involved in the juvenile justice system and ensure that such training
covers not only the relevant international standards, including the Guidelines on
Justice in Matters involving Child Victims and Witnesses of Crime, but also practical
and relevant training courses on specific topics, such as the conduct of interrogations
in respect of juvenile offenders, witnesses or victims.
Children in closed youth care facilities
38.
While taking note of new laws being drafted to guarantee the rights of children
concerned and reduce the number thereof, the Committee is concerned about information
that the State party places a large number of children, including child victims of sexual
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