CAT/OP/NLD/1/Add.1
consequently, the relevant provisions of Belgian and Norwegian law apply to sentences
enforced within these institutions. Decisions on such matters as the prison regime and the
legal status of the prisoners are made on the basis of Belgian or Norwegian law, as the case
may be.
21.
This is different from the situation in which responsibility for enforcing sentences is
transferred to another country. Under the arrangements at issue here, the Netherlands does
not assume responsibility for the enforcement of sentences from Belgium or Norway. This
remains the express responsibility of the other State concerned. Moreover, each prison is
managed by a Belgian or Norwegian governor, under whose direction and responsibility
Dutch staff carry out the day-to-day tasks associated with the enforcement of Belgian and
Norwegian sentences. Therefore, in line with the relevant treaties, Dutch legislation is not
applicable to detention following the enforcement of Belgian and Norwegian prison
sentences in prisons on Dutch territory. In those instances, the legal basis for detention is
the Belgian or Norwegian sentence. Article 4 of the OPCAT compels the States parties to
allow visits “to any place under its jurisdiction and control where persons are or may be
deprived of their liberty”. This does not apply to detention facilities rented out by the Dutch
government to Belgium and Norway.
22.
Naturally, the enforcement of Belgian and Norwegian sentences in the Netherlands
can be permitted only if observance of fundamental human rights is guaranteed and there is
adequate monitoring. That is indeed the case. Belgium and Norway are party to all relevant
human rights conventions, and human rights also enjoy statutory and constitutional
protection in both countries. In consequence, the competent Belgian and Norwegian
monitoring authorities and other bodies can perform all their tasks and fully exercise their
powers in relation to persons in custody in Dutch territory. The treaties with Norway and
Belgium explicitly provide that persons in custody may apply to their competent national
authorities to lodge complaints or pursue legal actions. This ensures that the legal
protection applicable to individuals held in prisons in those countries also applies to persons
in custody in the Netherlands.
23.
It follows that the Dutch NPM is not competent to advise the Belgian and
Norwegian authorities or make recommendations to them. As a party to the OPCAT,
Norway has its own national preventive mechanism, which is authorised under article 4(1)
of the OPCAT to monitor the enforcement of Norwegian judgments in the Netherlands.
Although Belgium has not yet ratified the OPCAT, it is a party to the Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment. In that context,
the Dutch prison leased to Belgium was visited by the CPT in October 2011.
Military facilities
24.
The monitoring of all locations used and managed by the Royal Military and Border
Police (KMar) for the purpose of holding individuals in detention is regulated in the KMar
Custodial Institutions Supervisory Committee Order. The Committee’s task is to monitor
the treatment of persons held in military detention centres and the enforcement of the
custody rules in such institutions. The Committee may, either on request or on its own
initiative, make recommendations for improvements and provide information to the
Minister of Defence.
B.
Comments and recommendations — financial position
25.
The Subcommittee recommends that the NPM be given the financial resources and
human resources it requires, over and above the existing budgets of the individual NPM
members.
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