CAT/C/NLD/CO/7
that migrant detainees are held in heavily guarded institutions with cameras and high walls
and are often held in cells with other prisoners under the criminal regime. It is particularly
concerned at the reported use of solitary confinement for asylum seekers and migrants who
may then have limited access to legal aid and health-care services. It is further concerned
that the above-mentioned bill provides for an even more restrictive regime for all newly
arriving migrants for up to two weeks and continues to permit the use of solitary
confinement as a disciplinary measure. Lastly, it is concerned that in Curaçao, persons in
need of international protection awaiting deportation, mostly Venezuelans, are detained in
closed facilities in appalling conditions and are subjected to ill-treatment and sexual
assaults by police and immigration officials, against whom no charges have been brought
(arts. 11 and 16).
17.
The Committee reiterates its recommendations (CAT/C/NDL/CO/5-6, paras.
14–16) that the State party should ensure, including by revising the repatriation and
detention of aliens bill, that:
(a)
Asylum seekers should not be routinely detained and, if necessary,
should be detained only as a measure of last resort for as short a period as possible
and in facilities appropriate for their status;
(b)
The administrative detention of foreigners, including in the context of
repeated periods of detention, is not of long duration and is fully in line with
international human rights standards, including revised deliberation No. 5 of the
Working Group on Arbitrary Detention on deprivation of liberty of migrants
(A/HRC/39/45, annex);
(c)
All allegations of ill-treatment of asylum seekers and other foreigners in
detention by police officers or prison guards are promptly, effectively and impartially
investigated, and that perpetrators are prosecuted and punished;
(d)
The legal regime of alien detention is suitable for its purpose and is
strictly differentiated from the regime of penal detention and, in particular, solitary
confinement is not used as a disciplinary measure against detained asylum seekers and
undocumented migrants;
(e)
Asylum seekers and undocumented migrants who are deprived of liberty
have adequate access to an independent and effective mechanism for addressing
complaints of torture and ill-treatment;
(f)
All incidents and allegations of torture and ill-treatment of asylum
seekers and migrants in detention are promptly, effectively and impartially
investigated, prosecuted and, if found responsible, the perpetrators punished;
(g)
Independent national and international monitoring bodies and nongovernmental organizations regularly monitor all places where asylum seekers and
migrants are deprived of their liberty.
Unaccompanied children asylum seekers and families in detention
18.
While noting the new detention regime for unaccompanied children and families
with children awaiting deportation, the Committee remains concerned at reports that both
the number of detained families awaiting deportation and that of unaccompanied asylumseeking children placed in detention have increased during the reporting period. It is also
concerned by information that unaccompanied children asylum seekers do not receive
sufficient assistance, including legal aid, throughout the asylum procedure (arts. 11 and 16).
19.
The State party should take all the measures to avoid the detention of children
placed in migration detention facilities in all the constituent countries of the State
party, including by using alternative measures to detention. It should also ensure that
unaccompanied children asylum seekers have adequate access to appropriate
assistance, including legal aid, throughout the asylum procedure.
5