Pretrial detention (10) The Committee expresses its concern at the excessive length of pretrial detention and the high number of non-convicted detainees in Aruba and in the Netherlands Antilles. The State party should take appropriate measures to reduce the length of pretrial detention and the number of non-convicted detainees and should consider alternative measures to limit the use of preventive detention. Custody and treatment of arrested, detained and imprisoned persons (11) While acknowledging the effort undertaken to provide suitable facility to house juveniles aged 15 and under and the continuous effort carried out by the State party to improve prison conditions in the Netherlands Antilles, the Committee is concerned at: (a) The lack of a separate unit for offenders aged between 16 and 18 who are currently held with either adult offenders or prisoners undergoing psychological observation; (b) The reported lack of educational programmes for juveniles held in prison; (c) The slow classification process and allocation of cells where prisoners are currently placed regardless of their age, length of sentence or legal status. The State party should take measures: (a) To urgently ensure that juveniles are separated from adult offenders; (b) juveniles; To provide educational and training programmes to help the social reintegration of (c) of cells. To undertake prompt action to implement a new classification of inmates and allocation Right to complaint (12) The Committee is concerned at the State party’s indication that information related to sexual abuse or assault in the Aruban prison rarely reaches the prison board and that victims are not likely to lodge complaints for privacy concerns. The State party should put in place specific mechanisms to receive complaints of sexual abuse that will ensure the privacy of victims and protect both victims and witnesses against ill-treatment or intimidation as a consequence of the complaint (art. 13). Prompt and impartial investigations (13) The Committee is concerned at the number of reports of assaults committed by Aruban law enforcement officials. It is also concerned that, as reported by the State party, of the 49 cases, which include complaints of assault and other offences, lodged at the Internal Investigations Bureau between 1 September 2005 and 21 March 2007, only two have been dealt with in court and did not lead to a conviction due to insufficient evidence. The State party should take all appropriate measures to send a clear and unambiguous message to the Police Force and to prison staff that torture, violence and ill-treatment are unacceptable. Similarly, the State party should implement its obligation to investigate promptly, impartially and thoroughly all complaints submitted, so as to ensure that appropriate penalties are imposed on those convicted. The State party should also ensure that effective measures are put in place to guarantee that those who report assaults by law enforcement officials are protected from intimidation and possible reprisals for making such reports. 73

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