174. In connection with article 2 of the Convention, the representative
informed the Committee that the revision of the Code of Criminal Procedure and
the Criminal Code was being carried out by a joint commission composed of
prosecutors and court officials from Aruba and the Netherlands Antilles and a
university professor from the Netherlands. The Code of Criminal Procedure was
being fully revised, whereas the Criminal Code was simply being amended to
include provisions on torture. He also provided detailed information
concerning procedures for arrest and custody and stated that interrogations
had to be conducted in accordance with the provisions of the Code of Criminal
Procedure. Complaints against police officers could be made to a specially
established commission or filed with a member of the police or a court. There
was no separate army in the Netherlands, the Netherlands Antilles and Aruba
but, rather, one army for the entire Kingdom. The Code of Conduct for
Military Personnel applied to the Kingdom as a whole.
175. Referring to article 4 of the Convention, the representative stated that
although an article of the Criminal Code provided for the death penalty in
case of treason, it would soon be repealed. There had been no executions in
the Netherlands Antilles during the present century.
176. With reference to articles 5 to 8 of the Convention, the representative
indicated that extradition measures in the Netherlands Antilles were ordered
by the Supreme Court, which took account not only of national laws but also of
international treaties. In the absence of an extradition treaty, article 8 of
the Convention applied. If the person whose extradition was requested could
face the death penalty, extradition was not granted.
177. In connection with articles 10 and 11 of the Convention, the
representative explained that doctors were particularly aware of the question
of the protection of human rights, that in penal institutions, minor and adult
prisoners were kept in separate quarters and that convicted and accused
persons were not held in the same prison.
178. With reference to article 15 of the Convention, the representative stated
that there had not been any cases in the Netherlands Antilles of evidence
obtained under torture. In the event of non-compliance with legal procedures,
the evidence obtained was regarded as unlawful and those responsible for
violating those procedures would be prosecuted.
179. In her reply, the representative of Aruba stressed that most Aruban
institutions and laws were the same as those of the Netherlands Antilles, of
which Aruba had been a part until 1 January 1986.
180. Referring to articles 13 and 14 of the Convention, the representative
indicated that, pending the establishment of the Complaints Commission,
complaints against members of the police were lodged with an independent judge
in accordance with the Code of Civil Procedure. The question of complaints by
detainees was dealt with in a bill now before Parliament. The corresponding
act should enter into force in Aruba within one year. The representative
added that, if necessary, a person who had been subjected to torture would be
cared for by specialists from the Netherlands.
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