159. Members of the Committee thanked the representatives of the Netherlands
Antilles and Aruba for the comprehensive and interesting oral introductions to
the reports of their Governments.
160. With regard to the Netherlands Antilles, questions were raised in respect
of the legal structure of the country. It was asked, in particular, whether
there was a clear separation between the jUdicial, executive and legislative
branches and how the Queen of the Netherlands, who was responsible for
appointing judges, was assisted in her task. In that connection, details
regarding the status of jUdges and, in particular, of the Attorney-General
were requested. It was also asked whether the Queen played the role of a
constitutional council or a supreme court in the country.
161. Referring to article 2 of the Convention, members of the Committee
welcomed the establishment in the Netherlands Antilles of the commission
assigned to undertake a general review of the Criminal Code and the Code of
Criminal Procedure and wished to know more about its composition, its status
and its programme of work. They wished to know also whether any violations of
article 3 of the Constitution on the protection of nationals and foreigners
had been recorded and how information on the prohibition of torture was
disseminated. Concerning rules governing the interrogation of suspects, it
was asked how long they could he held in pre-trial detention, by whom such
detention could be ordered and what the rights of suspects were, in
particular, with regard to informing their relatives of their detention and
visits by a doctor and a lawyer. It was also inquired what the instructions
to prison guards were in cases of riots and whether there was in the
Netherlands Antilles a standing military force and, if so, what measures were
taken to protect civilians from the military.
162. In respect of article 3 of the Convention, members of the Committee
wished to know what the scope of the laws of the Netherlands Antilles on
extradition was, especially with regard to non-refoulement, who the members of
the commission that had been appointed to revise the Admission and Expulsion,
Act were, and whether foreigners subject to extradition procedures could lod~
appeals and, if so, to whom.
163. Turning to article 4 of the Convention, members of the Committee st~essed
the importance of a precise definition of torture in domestic law and its
classification as a specific crime and requested information on the exa~t
nature of the offences covered by the articles of the Crimipal Code of the
Netherlands Antilles relating to torture. It was also asked whether the death
penalty or corporal punishment applied in the country.
164. Members of the Committee also stressed the importance of the principle of
universal jurisdiction, which was essential in order to guarantee the
implementation of articles 5 and 7 of the Convention. In addition, they
wished to know whether the Netherlands Antilles would take necessary measures
to ensure the implementation of article 6, paragraph 1, of the Convention,
what procedure was followed to institute proceedings in cases of criminal
offences which fell within the jurisdiction of courts in the Netherlands
Antilles and whether persons facing the death penalty could be extradited.
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