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;
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