1. The author of the communication (initial letter dated 31 October 1986, and subsequent submissions of 6
April 1987, 20 June and 18 July 1988) is H. C. M. A., a citizen of the Netherlands residing in the Netherlands. He
alleges he was a victim of violations of articles 2, paragraphs 2 and 3, 7, 9, 10, paragraph 1, and 14, paragraph 1 of
the International Covenant on Civil and Political Rights by the Government of the Netherlands. He is represented by
counsel.
2.1 The author states that on Friday, 19 March 1982, he participated in a peaceful demonstration in Amsterdam
to protest the murder of four Netherlands journalists in El Salvador. After leaving the site of the demonstration, he
was assaulted by four unknown persons and sustained injuries. Subsequently, policemen in civilian clothes pushed
him into a police car and he was detained in a police cell. After four witnesses testified at the police station that he
had not disturbed the public order, he was released on Tuesday, 23 March 1982. He was tried for public disorder
before the Amsterdam Criminal District Court and acquitted on 5 September 1984. On 1 April 1985 the Amsterdam
District Court, Second Chamber, awarded him 400 Netherlands guilders for unlawful detention.
2.2 The author points out that on 22 April 1982 he complained to the Court of First Instance about maltreatment
by a police officer. His complaint was transmitted by the Court of First instance to the military prosecutor, as the
rank to which the police officer belonged fell under military jurisdiction. The military prosecutor, however,
dismissed the complaint. On appeal, the Military High Court stated that in cases of military procedural law only the
Minister of Defence had authority to order prosecution. The Military High Court thus decided that it was not
competent to rule on the case. Its president subsequently transmitted the file to the Ministers of Defence and Justice,
considering that it would be an anomalous situation if persons falling under military jurisdiction could be immune
from prosecution under certain circumstances, whereas persons falling under civilian jurisdiction could be
prosecuted.
2.3 The author maintains, however, that the Government of the Netherlands has not taken any initiative to
eradicate the alleged inequality before the law. The author claims that, as no adequate recourse procedure exists for
civilians against cruel and inhuman treatment by the military and the police when such cases fall under the
jurisdiction of the military, the State party has violated articles 2 and 7 of the Covenant. Concerning his detention,
the author claims, without giving any details, that he was subjected to ill-treatment in violation of article 10 of the
Covenant. He further claims that article 14 of the Covenant has been violated, because he has been unable to
prosecute a police officer falling under exclusive military jurisdiction. Moreover, he maintains that the existing
complaints procedure against members of the police is unjust, since police officers themselves investigate such
complaints and exercise discretionary powers in their own favour. He alleges that an independent system of control
does not exist in the Netherlands legal system.
3. By its decision of 9 December 1986, the Working Group of the Human Rights Committee transmitted the
communication under rule 91 of the provisional rules of procedure to the State party concerned, requesting
information and observations relevant to the question of admissibility of the communication, particularly details of
the effective remedies available to the author in case domestic remedies had not been exhausted. It also requested the
State party to provide the Committee with copies of any administrative or judicial decisions relevant to the
communication.
4. In its submission under rule 91, dated 17 February 1987, the State party provides an outline of the factual
situation and argues that the communication should be declared inadmissible on the grounds that the allegations put
forward by the author do not disclose a violation of any of the rights enumerated in the Covenant and that, therefore,
the author has no claim under article 2 of the Optional Protocol.
4.2 With regard to the factual situation, the State party states that the author was arrested in Amsterdam on 19
March 1982 "on the accusation of having committed violent acts (throwing stones at the consulate of the United
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