CAT/C/NLD/CO/5-6
Data collection
30.
In light of its previous concluding observations (para. 17), the Committee regrets the
State party’s response ‘that the Government is unable to provide information as data are not
registered in a way that would allow the production of the statistics’ (para. 89 of the report)
on complaints, investigations, prosecutions, convictions and sanctions of cases of torture
and ill treatment by law enforcement, security, military and prison personnel. The
Committee observes with concern the State party’s response that the law does not allow for
the collection of such data (arts. 2, 12, 13 and 16).
The Committee recommends that the State party:
(a) Establish a national system for the collection of data including through
research studies to facilitate analysis of the implementation of the Convention;
(b) Provide the Committee with detailed statistical data, disaggregated by
crime, ethnicity, age and sex, relevant to the monitoring of the implementation of the
Convention at the national level, including data on complaints, investigations,
prosecutions, convictions and penal or disciplinary sanctions of cases of torture and
ill-treatment by law enforcement, security, military and prison personnel, domestic
and sexual violence, crimes with racist motives, ethnic composition of the detainee
population including the representation therein of Antilleans, Moroccans, Roma, Sinti
and Turks, as well as on means of redress, including compensation and rehabilitation
provided to the victims.
31.
The Committee is also concerned about the lack of updates in the report, due to
privacy concerns, on the asylum applications, including their outcomes.
The Committee reiterates its recommendation that, in order to have a clearer view of
the situation regarding protection against torture, the State party include in its future
reports, data which are disaggregated by age, sex and ethnicity on:
(a)
The number of asylum applications registered and the number of
applications processed respectively under the normal and accelerated procedures;
(b)
The number of applications accepted;
(c)
The number of applicants whose applications for asylum were accepted
on grounds that they had been tortured, or might be tortured if returned to their
country of origin, as well as data on asylum granted on grounds of sexual violence;
(d)
The number of cases of refoulement or expulsion.
Other issues
32.
The Committee invites the State party to ratify the core United Nations human rights
treaties to which it is not yet a party, including the Convention on the Rights of Persons
with Disabilities and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, and to consider signing and ratifying the
Optional Protocol to the Convention on the Rights of Persons with Disabilities, the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
and the Optional Protocol to the Convention on the Rights of the Child on a
communications procedure.
33.
The State party is requested to disseminate widely the report submitted to the
Committee and the Committee’s concluding observations, in appropriate languages,
through official websites, the media and non-governmental organizations.
34.
The State party is invited to submit its common core document in accordance with
the requirements of the common core document contained in the harmonized guidelines on
reporting under the international human rights treaties (HRI/GEN.2/Rev.6).
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