admissible in so far as Mr. Croes claimed to be personally affected by the events which he described (as set out in
paras. 2.2, 2.3 and 3 above), and in so far as these events could raise issues under articles 6, 9, paragraph 1, first
sentence, 19, 21, 25 and 26 of the Covenant.
8.1 In its submission under article 4, paragraph 2 of the Optional Protocol, dated 16 May 1986, the State party,
elaborating on its submission of 28 May 1985, reaffirms that the author failed to exhaust the domestic remedies that
were available to him. It states that the author, in his initial action brought against the State party failed to invoke the
self-executing provisions of the International Covenant on Civil and Political Rights. The State party's obligations
under the Covenant were invoked for the first time before the Human Rights Committee. Furthermore, he could have
initiated civil proceedings against the State alleging tort. The State party submits that the courts would have dealt
with his complaints based on the Covenant except his allegation of a violation of the right 'of self-determination
under article 1. Had the author acted as indicated above, he could have exhausted all domestic remedies up to and
including the highest judicial authority in the Kingdom, the Supreme Court (Hoge Raad), and thus met the
requirements of article 5, paragraph 2 (b), of the Optional Protocol.
8.2 With respect to the merits of the communication, the State party submits that there has not been any
violation of the rights invoked by the author. Concerning article 6, it recalls that after due investigation the
prosecuting authorities in Aruba concluded that there was no evidence whatsoever of premeditated or intentional
firing on the part of the police officer, that there was no proof that the shot which wounded Mr. Croes had been fired
from the police officer's gun, and that, for that reason, the case against the police officer was dismissed.
8.3 Concerning the alleged violation of article 9, paragraph 1, the State party affirms that it did not violate the
author's right to liberty and security of person. It explains that the police forces that were on duty in Aruba on 24
April 1983 sought to uphold law and order, to prevent disorder and to protect all people, including the author, against
any form of bodily harm. In this context, the author was neither deprived of his liberty nor of his security. The police
forces on duty on the said day were not only sufficiently trained but also displayed behaviour which enabled them to
fulfil their duties in every respect. Disturbances resulted because the MEP held a motorcade without permission and
partly because of the behaviour of MEP supporters.
8.4 With respect to articles 19, 21 and 25 of the Covenant, the State party rejects the allegations put forth by the
author. It points out that Mr. Croes exercised all his democratic rights to express political views, to found a political
party and to be elected to the Parliament of the Netherlands Antilles. No violation of article 19 can thus be said to
have taken place. In respect of article 21, the State party points out that under the laws of the Netherlands Antilles
and Aruba, anyone who wishes to organize a manifestation on public roads must seek and obtain permission from
the competent authorities.1 In the present case, the request for authorization to hold a motorcade filed by the author's
party did not reach the authorities, which is why permission to hold a parade was given to another political party.
The author's party was, however, granted permission to hold a demonstration. In the interest of public order, the
police broke up the motorcade which was held after the demonstration. The State party submits that the regulations
in question are compatible with article 21, since the requirement of prior permission to hold public demonstrations is
a restriction made in conformity with the law and necessary in the interest of public order. Concerning article 25, the
State party summarizes the electoral system in force in the
__________
1
Article 32 of the General Police Regulations for Aruba. The State party, in an annex to its submission, provides
excerpts of these regulations.
Netherlands Antilles and Aruba concurrent with the submission of the complaint, and emphasizes that the
author's rights and the rights of his party under that article were in no way restricted.
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