CAT/C/NLD/CO/7 effective and impartial investigations of cases of inter-prisoner violence, particularly in the Caribbean part of the Netherlands and in Aruba and Curaçao. Persons serving life sentences 34. The Committee takes note of the recent judgment made on the right to hope by the Grand Chamber of the European Court of Human Rights (see Murray v. The Netherlands) and the Dutch Supreme Court (Case No. 15/00402, ECLI:HR:2016:1325) finding that a life sentence without the prospect of release may constitute degrading and inhuman treatment in violation of article 3 of the European Convention on Human Rights, and the State party’s subsequent establishment of the Advisory Committee on persons serving life sentences to review life sentences. However, it remains concerned that the review, which takes place after 25 years of detention, is to determine whether to allow life-sentenced prisoners to start reintegration activities, while the decision on granting a pardon is made two years later. Furthermore, while noting that the Advisory Committee consists of independent experts, such as former judges, the Committee is concerned that the final decision is left to the Secretary of State (art. 11). 35. The State party should ensure that prisoners serving life sentences have the prospect of release or a reduction in their sentence, with respect to the right to hope, after a reasonable period of time and that an independent judicial mechanism be established in all of its constituent countries to periodically review the situation of such prisoners. Furthermore, those prisoners should be informed of the possibility of a review or reduction in their sentences at the earliest possible time. Juvenile justice 36. While taking note of the explanations provided by the delegation, the Committee is concerned that pursuant to the Adolescent Criminal Law and section 77 (b) of the Dutch Penal Code, minors aged 16 and 17 may be tried as adults under ordinary criminal law in cases of grave offences (for example homicide) and may be sent to serve their sentence in adult penitentiary institutions. It also regrets the reservation made by the State party concerning article 40 of the Convention on the Rights of the Child, thereby allowing children to be interviewed or interrogated in the absence of a lawyer or their parents, in cases involving minor offences (arts. 11, 12 and 16). 37. The State party should ensure the full implementation of juvenile justice standards and of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. In particular, it should: (a) Amend its legislation to ensure that minors are not tried under the adult criminal law and do not serve their sentences in adult penitentiary institutions, in accordance with international law; (b) Ensure that minors are detained as a last resort only and for the shortest possible period, that they are separated from adults and afforded full legal safeguards, particularly the right to legal counsel, and use non-custodial measures for minors who are in conflict with the law; (c) Pursue and improve training on juvenile justice matters for all professionals involved in the juvenile justice system and ensure that such training covers not only the relevant international standards, including the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, but also practical and relevant training courses on specific topics, such as the conduct of interrogations in respect of juvenile offenders, witnesses or victims. Children in closed youth care facilities 38. While taking note of new laws being drafted to guarantee the rights of children concerned and reduce the number thereof, the Committee is concerned about information that the State party places a large number of children, including child victims of sexual 9

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