B.
Positive aspects
121. The Committee notes with satisfaction that it has received no information
about alleged perpetration of torture in any of the three parts of the Kingdom.
122. The Committee also notes that both Antilles and Aruba are preparing special
laws to incorporate fully the provisions of the Convention in domestic law.
123. The Committee also notes with satisfaction that, according to the oral
information given, force - physical or pharmacological - is no longer used in
connection with the expulsion of asylum seekers.
C.
Subjects of concern
124. With regard to the European part of the Kingdom of the Netherlands, the
Committee has questions about the way in which compensation provisions apply in
practice.
125. With regard to the Netherlands Antilles and Aruba, the Committee is
concerned that the new penal legislation appears not to be in force yet and thus
it is not clear whether the provisions of the Convention are part of the
domestic law.
126. With regard, in particular, to the Netherlands Antilles, the Committee is
concerned about the severeness and the relatively high number of cases of police
brutality which are described in the Government’s report, as well as by
information provided to the Committee by non-governmental organizations. The
Committee is particularly concerned about the apparent failure of the
Netherlands Antilles authorities to investigate fully and deal with such cases.
127. With regard, in particular, to Aruba, the Committee recognizes that
conditions in detention places are far from being satisfactory and notes that
the Government has acknowledged that it is aware of this situation.
D.
Recommendations
128. The Netherlands Antilles and Aruba should give high priority to speeding up
the procedure for the adoption of the act which will incorporate the provisions
of the Convention in domestic law.
129. The Netherlands Antilles should take strong measures to bring to an end the
ill treatment which reportedly occurs in police stations and to ensure that such
allegations are speedily and properly investigated and that those who may be
found guilty of acts of ill treatment are prosecuted. In this regard, the
Committee would appreciate receiving data concerning the number of
investigations by the public prosecutor and the outcome of them.
130. Aruba should take steps to change the situation with regard to conditions
in police and prison premises and especially to shorten the period of 10 days in
police custody which is allowed under the law.
131. Finally, the Committee is pleased that the Netherlands has agreed to
provide in writing additional information in response to the questions on the
compensation for victims of torture which were raised by the Committee. The
Committee would also appreciate receiving additional information on whether or
-19-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents