CAT/OP/NLD/1
Moreover, the ability of NPMs to conduct follow up from sending states is more restricted.
This has the potential to create a further gap in the torture prevention system in the
Netherlands.
42.
Finally, it is not clear to the SPT that the NPM sufficiently monitors the situation of
detained persons wherever they may be deprived of liberty. Some types of institutions, such
as military detention centres, are covered primarily by observers to the NPM, and then not
consistently. In addition, the place-based nature of inspecting can miss system-wide
problems which require an intersectional approach. It can also fail to monitor instances
along the chain of custody, such as transfers and periods of detention immediately after
apprehension, where torture and ill-treatment can take place. Further, according to civil
society, the work of the CITT, which previously had dual mandates to oversee repatriation
policy and to ensure such policy was carried out humanely, is now subsumed by the IVenJ,
where the monitoring of repatriation detention can be overshadowed by competing
priorities.
43.
The SPT recommends that the State party take all necessary measures to
ensure the applicability of the OPCAT in the Caribbean Netherlands. Wide
application of the OPCAT will enable all persons in the Netherlands to benefit from
its provisions and ensure equal protection from torture and ill-treatment throughout
the State party. The SPT further recommends that the State party prioritize human
rights concerns and the applicability of the OPCAT during ongoing policy reviews
about how it wishes to apply legislation in these islands.
44.
In cases where a sending State enters into an agreement which allows
individuals detained by that State to be held in facilities in the Netherlands, the SPT
recommends that the State party provide its NPM the capacity to visit those detainees,
as a natural consequence of the NPM’s right to visit all persons deprived of their
liberty under the jurisdiction and control of the State party. This is in addition to the
SPT’s recommendation that sending States also ensure their NPMs have the legal and
practical capacity to visit such detainees. After undertaking such visits, the NPM of
the Netherlands should be able to present its recommendations and enter into a
preventive dialogue with the authorities of both the sending state and of the State
party.
45.
Further, the SPT recommends that the State party ensure that all places of
detention are included in NPM visits, in accordance with the SPT’s evaluation that all
persons deprived of their liberty in a State party are covered by the OPCAT. This
includes social care institutions, military detention centres and periods of deprivation
of liberty during apprehension, transfer and removal.
Resources
46.
The Subcommittee is concerned that the NPM lacks capacity to carry out preventive
work comprehensively, including visits, advocacy, and public engagement, especially
taking into account the need to monitor places of detention in the Caribbean islands. As of
December 2013, the IVenJ was composed of 59 staff numbers, ten of whom were involved
in NPM-related functions. Of the IGZ’s 537 staff persons, 30 were involved in NPM work.
Comparatively, the IJZ devoted 23 of their 47 staff members to NPM-related functions. In
addition, the RSJ has 60 members with a range of expertise areas.9 However, the
Subcommittee notes that the four institutions comprising the NPM have not been provided
with additional funding or human resources to carry out NPM tasks, and the SPT notes that
9
Dutch National Preventive Mechanism, Annual Report 2013, pgs. 24-26, 29.
9