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 beiog anended to include provisions on torture. He also provided detailed information concerning procedures for arrest and custody and stated that interr09atio~s had to be conducted in accordance with the provisions of the Code of Criminal Proce~ure. Complaints against police officers could be made to a specially established commission or filed with ~ member of the police or a court. Th.re was no _eparate army in the Netherlands, the Netherlands Antilles and Aruba but, rather, one army for the entire Kingdom. ~he 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that although an ~rticle of the Criminal Code provided for the death penalty in case of treason, it would soon be repealed.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 Netherl.nds 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 An~il1es 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 requ~sted could face the death penalty, gatradition was not granted. 177. In connection with articles 10 and 11 of the Convention, the representative explained that doctolY 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 thOle 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 r~presentative lndlcated that, pending the establishment of the Complaints Commission, complaints against members of the police were 10dged with an independent judge in accordance w~th 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. -33-

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