91 of the Committee's provisional rules of procedure to the State party, requesting information and observations
relevant to the question of the admissibility of the communication.
5.1 In its submission dated 28 May 1985, the State party presented the facts as follows:
The complainant, Mr. Gilberto François Croes, is the leader of a political party on the island of Aruba. Aruba is one of
the islands which together constitute the Netherlands Antilles. The Netherlands Antilles is a part of the Kingdom of the
Netherlands, consisting of two self-governing countries, the Netherlands and the Netherlands Antilles.
The political party of which Mr. Croes is the leader strives for an independent status of Aruba.
On 24 April 1983, during disturbances surrounding a car parade on the island of Aruba, held by Mr. Croes'political
party without the required permission from the authorities, Mr. Croes was wounded by a pistol shot. He alleged that the shot was
deliberately fired by a policeman.
On 26 May 1983, the Minister of Justice of the Netherlands Antilles appointed a Committee of Inquiry to investigate
the actions and conduct of the police during the events that took place on 24 April. This investigation was concluded on 8 July
1983. The Committee of Inquiry concluded that the police forces serving that day had shown sufficient self-restraint and selfdiscipline.
The Committee of Inquiry purposely did not go into the question whether the shot that wounded Mr. Croes was in fact
fired by a policeman, and if so, whether the policeman could be held guilty of this fact, in view of the forthcoming investigations
by the prosecuting authorities into these questions. The prosecuting authorities in their investigations came to the conclusion that
there was no proof of premeditated or deliberate or intentional firing on the part of [the policeman], and moreover that there was
even no proof of guilt on the part of [the policeman] that his gun fired the shot which hit Mr. Croes. For this reason the case
against [the policeman] was dropped.
On 16 November 1983, Mr. Croes filed a request with the Court of First Instance, requesting the prosecution of [the
policeman]. The Court, in a decision dated 12 December 1983, supported the Public Prosecutor's Decision not to prosecute [the
policeman], and rejected the request of Mr. Croes.
Mr. Croes then, on 12 January 1984, filed a complaint with the Court of Justice of the Netherlands Antilles, which was
rejected on grounds of form.
5.2 With regard to the rights invoked by the author, the State party addresses itself to alleged violations of the
following rights:
(a) "his right to life",
(b) "his right to being treated equally",
(c) "his right to see others treated equally",
(d) "the right to self-determination of the Aruban people",
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents