The Supreme Court of the Netherlands had the power of cassation in the
Netherlands Antilles. Torture was not prohibited as such by the Constitution
or by the Criminal Code of the Netherlands Antilles. However, certain
provisions of the Constitution, the Criminal Code and the Code of Criminal
Procedure dealing with the protection of the person contained measures which
included the prevention and punishment of acts of torture. A draft Code of
Criminal Procedure was now before the Parliament of the Netherlands Antilles
and the commission that had drafted it would soon embark upon a revision of
the Criminal Code. In that rev~sion, consideration would be given to the need
to introduce a provision whereby torture as such was expressly rendered
punishable. In this connection, special attention would be given to universal
jurisdiction in respect of torture and a study would be made to determine to
what extent it was necessary to add the prohibition of torture in the Criminal
Code.
157. Efforts were being made by the Netherlands Antilles to create and develop
mechanisms for discharging obligations arising under treaties and statutes,
and a number of priority measures had recently been taken to optimize the
operation of the police force and to improve the prison system, and to
exercise closer supervision over both. The Public Prosecutor's Office was
required to examine every complaint concerning police behaviour, to condemn
every form of torture and to institute criminal proceedings if torture
occurred. Any interested party could file a suit with an independent court if
the prosecution had not done its work properly. Victims of tortur9 were
entitled to seek redress by suing the State for damages both under the Code of
Criminal Procedure and in a civil action for tort. The Netherlands Antilles
provided requesting States with judicial assistance even in the absence of a
treaty and it was making every effort to meet its obligations under the
Convention within the limits of its capabilities as a developing country.
158. The representative from Aruba noted that the legal and jUdicial
structures of the island were almost the same as those of the Netherlands
Antilles. While the Con~titution of Aruba did not expressly prohibit torture,
it contained provisions under which torture would be considered a criminal
offence. The relevant provisions of the Penal Code and the Code of Criminal
Procedure of Aruba were considered in accordance with the provisions of the
Convention although they did not make explicit mention of torture. However,
the Aruban Government had set up a special commission recently which was
studying whether to establish torture as a criminal offence in a separate act
or in a new article of the Penal Code. The recognition of universal
jurisdiction in cases involving torture would also be considered. The Aruban
Government was planning to enact legislation along more or less the same lines
as the legislation of the Netherlands and would inform the Committee as soon
as the new legislation had been adopted. Police Ordinances also formed an
important part of Aruba's legal system and since 1986, when a national police
force was established, new organs had been set up to settle matters relating
to the police and the prison system. In the selection and training of both
police and prison personn~1 increasing emphasis was being placed on proper
behaviour, partiCUlarly in the treatment of prisoners. Special training
programmes had also been introduced, and the new Prison Act that was under
preparation would give prisoners the right to complain to a judge about their
treatment by prison staff.
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