CAT/OP/NLD/1/Add.1 which it simply forwards to parliament for consideration, possibly accompanied by a policy response. 16. It is important to note that the recently adopted Directions on National Inspectorates contain rules and substantive limitations on a minister’s power to issue directions to their inspectorate. The Directions also make explicit mention of the independence referred to above. In the Government’s opinion, the independence of the NPM members is sufficiently guaranteed. II. Recommendations A. Comments and recommendations — coverage 17. The Subcommittee recommends that the Netherlands ensure the applicability of the OPCAT in the Netherlands in the Caribbean. It states that the Netherlands does not monitor places of detention in the Netherlands which are leased by other States and that the military detention centres are not monitored by the NPM. The Subcommittee therefore recommends that the NPM should also monitor conditions in institutions leased by other States. The other States should; preferably, themselves also carry out monitoring in such institutions, after which the NPMs of both countries should enter into a dialogue. The Netherlands in the Caribbean 18. The OPCAT has been approved for the Kingdom as a whole, but the Protocol applies only to the European part of the Netherlands (see Dutch Treaty Series 2010, 273). As regards the Netherlands in the Caribbean (Bonaire, Sint Eustatius and Saba), it was noted in a previous policy response to a report of the European Committee for the Prevention of Torture (CPT) — in the run-up to the constitutional reforms which took effect on 10 October 2010 (and which are described in the report) — that it had been decided in 2008 that the legislation of the Netherlands Antilles should initially be retained as far as possible. It was also agreed that legislative restraint was necessary to avoid imposing an undue burden on the Netherlands in the Caribbean. 19. Nonetheless, it goes without saying that the human rights conventions — and hence the prohibition on torture and other cruel, inhuman or degrading treatment or punishment — also apply in the Netherlands in the Caribbean. It should be noted that responsibility for monitoring compliance in the Netherlands in the Caribbean rests with the Law Enforcement Council (‘the Council’), which was established by act of parliament on 7 July 2010 (Kingdom Act establishing the Law Enforcement Council). In performing its monitoring duties, the Council is obliged to make use of the services of the Dutch national inspectorates. In 2012 the Council and the Security and Justice Inspectorate reached agreement about how the latter would be involved in the Council’s investigations. To strengthen the collaboration — including the collaboration with other Dutch NPM members and observers — consideration will be given in the next few months to whether it would be desirable or indeed practicable, in cases when the agenda contains items relevant to the Council, to treat it as an NPM member or invite it to participate. Places of detention leased to other States 20. The following points should be made about the monitoring of places of detention leased to other States. The Netherlands concluded treaties with Belgium in 2009 and Norway in 2015 under which it put two Dutch prisons at their disposal, one to each of them for the enforcement of Belgian and Norwegian criminal sentences. The treaties provide that sentences are to be enforced in accordance with the domestic law of Belgium and Norway; 5

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