N. Netherlands
181. The Committee considered the third periodic report of the Netherlands (CAT/C/44/Add.4 and 8) at its
426th, 429th and 433rd meetings on 11, 12 and 16 May 2000 (CAT/C/SR.426, 429 and 433), and adopted the
following conclusions and recommendations.
1.
Introduction
182. The Committee notes with satisfaction the third periodic report of the Netherlands (European part of
the Kingdom, Antilles and Aruba), which conforms to the general guidelines for the preparation of periodic
reports as to content and form.
183. The Committee thanks the three Governments concerned for their comprehensive reports as well as
for the oral reports and clarifications made by the delegations, which displayed a spirit of openness and
cooperation.
184. The Committee welcomes the three accompanying core documents which, although not submitted
within the prescribed time, facilitated the examination of the reports.
185. The Committee regrets that no Aruba delegation could be present during the examination of the reports.
However, the Committee appreciates the written information and answers provided by Aruba to the Committee.
2.
186.
Positive aspects
The Committee particularly notes with satisfaction the following:
(a)
That it has received no information about allegations of torture in the State party;
(b)
As of early 1999, a special National War Criminals Investigation Team has been set up and
made operational in the Netherlands (European part), to facilitate the investigation and prosecution of war
crimes, which can include torture as specified in the Convention;
(c)
Torture;
The State party's contributions to the United Nations Voluntary Fund for the Victims of
(d)
Clarifications by the representative of the State party with regard to the non-prosecution of
General Pinochet when he was on the territory of the Netherlands. While regretting the lack of prosecution,
on the grounds of non-feasibility, the Committee notes with satisfaction that the State party representative has
affirmed that immunity from prosecution does not at present hold under international human rights law;
(e)
The Netherlands Antilles and Aruba have both recently made the act of torture punishable in
criminal legislation, as a separate criminal offence, and have also established the principle of universal
jurisdiction;
(f)
The Netherlands Antilles has established a National Investigation Department to investigate
allegations of breach of authority by public servants and a public Complaints Committee on police brutality.
In addition, several short and medium-term measures have been taken to ameliorate conditions in prisons;
(g)
The assurances that, despite privatization of prisons in the Netherlands Antilles, the State's
obligations under the Convention continue to apply;
33
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