CAT/C/NLD/CO/5-6
(b)
Avoid, wherever possible, the accumulation of administrative and penal
detention, in excess of the absolute time limit of 18 months of detention of migrants
under migration law.
16.
The Committee further notes with concern that the legal regime in alien detention
centres in not different from the legal regime in penal detention centres. The reports
received by the Committee with regard to the confinement in cell for 16 hours, the absence
of day-activities, the use of isolation cells, handcuffs and strip searches of aliens detained
under migration law who await expulsion to their home country have been of particular
concern (arts. 11 and 16).
The Committee urges the State party to ensure that the legal regime of alien detention
is suitable for its purpose and that it differs from the regime of penal detention. The
State party is also urged to use alien detention as a last resort and where necessary,
for as short period as possible and without excessive restrictions, and to effectively
establish and apply alternatives to such detention.
Unaccompanied children asylum seekers and children in detention
17.
The Committee notes the State party’s information that unaccompanied children
asylum-seekers continue to be placed in detention centres in the European part of the
Kingdom if there is doubt about their age. The Committee is also concerned about the
reports by the European Committee for the Prevention of Torture regarding families with
children, who await expulsion, being detained longer than the maximum limit of 28 days
(arts. 3 and 11).
The Committee recommends that the State party:
(a)
Verify the age of an unaccompanied child, if uncertain, before placing
the child in detention. Such detention should be used as a last resort;
(b)
Take alternative measures to avoid detention of children or their
separation from their families;
(c)
Ensure that unaccompanied minors can enjoy the rights guaranteed by
the Convention on the Rights of the Child, to which the Kingdom of the Netherlands is
a party.
Forced removals
18.
The Committee notes the State party’s clarifications of the figures on removals and
forced returns of foreign nationals. Out of the total number of removals in the recent years
amounting to about 20.000 per year, the number of forced returns was around 6.000. The
Committee is concerned at the reported incidents of the excessive use of restraints during
forced returns, some of which, according to NGO sources of information, have not been
duly investigated (arts. 2, 3, 11, 12 and 16).
The Committee urges the State party to use restraints during forced returns only in
accordance with the principle of proportionality, and to investigate any incidents of
excessive use of restraints and force during forced returns.
Illegal treatment by the police and prison and border guards
19.
The Committee expresses concern at the alleged incidents of illegal use of force,
insults and mistreatment in the Koraal Specht prison in Curaçao and the cells at the police
stations on the islands of St. Maarten, Bonaire and Aruba, as well as ethnic profiling by the
police and border guards aimed in particular at foreigners and members of minorities.
The State party should take measures to strengthen adequate training of law
enforcement personnel and justice officials about the obligations stemming from the
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