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16 May 2000
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CAT
24th Session
16 May 2000
Afternoon
The Committee against Torture this afternoon expressed concern, among other things, about allegations of police actions in the European part of the Netherlands involving illegitimate body searches, inadequate deployment of female officers, and some excessive use of force by the police in connection with crowd control.
In its conclusions and recommendations on the third periodic report of the Netherlands, the Committee also found as a positive aspect that it had received no information about allegations of torture in the Netherlands. The Committee considered the report of the Netherlands last week.
The Netherlands is one of the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such it is obligated to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
When the Committee reconvenes in public at 5.30 p.m. on Wednesday, 17 May, it will deliver its conclusions and recommendations on the initial report of Slovenia.
Conclusions and Recommendations on Report of Slovenia
In its introduction, the Committee noted with satisfaction that the third periodic report of the Netherlands (European part of the Kingdom, Antilles and Aruba) conformed to the general guidelines for the preparation of periodic reports as to content and form; it thanked the three respective Governments for their comprehensive reports as well as for the oral reports and clarifications made by the delegations which had displayed a spirit of openness and cooperation; it welcomed the three accompanying core documents which, although not submitted in keeping with prescribed time, facilitated the examination of the reports; and it regretted that no Aruba delegation could be present during the examination of the reports; however, the Committee appreciated the written information and answers provided by Aruba to the Committee.
Among positive aspects, the Committee particularly noted with satisfaction that it had received no information about allegations of torture in the State party; as of early 1999, a special National War Criminals Investigation Team had been set up and made operational in the Netherlands (European part) to facilitate the investigation and prosecution of war crimes, which could include torture as specified in the Convention; the State party's contributions to the United Nations Voluntary Fund for the Victims of Torture; and clarifications by the representative of the State party as to the non-prosecution of former Chilean President Augusto Pinochet when he was on the territory of the Netherlands. While regretting the lack of prosecution on the grounds of non-feasibility, the Committee noted with satisfaction that the State party representative had affirmed that immunity from prosecution did not presently hold under international human rights law.
The Committee also noted as positive aspects that the Netherlands Antilles and Aruba had both recently, in criminal legislation, made the act of torture punishable as a separate criminal offence, also establishing the principle of universal jurisdiction; and the Netherlands Antilles had established a National Investigation Department to investigate allegations of breach of authority by public servants and a public Complaints Committee on police brutality. In addition, several short and mid-term measures had been taken to ameliorate conditions in prisons.
The Committee expressed its concern about allegations of police actions in the Netherlands (European part) involving illegitimate body searches, inadequate deployment of female officers, and some excessive use of force by the police in connection with crowd control; allegations of inter-prisoner violence, including sexual assault in Koraal Specht prison in the Netherlands Antilles; the daily use of a riot squad as a means of prisoner control in Koraal Specht prison in the Netherlands Antilles; some allegations of police brutality in Aruba and the absence of information, including statistics, regarding the prison population.
It recommended that measures be taken in the Netherlands (European part) to fully incorporate the Convention into domestic law, including adopting the definition of torture as contained in article 1 of the Convention; despite improvements already made in the Netherlands Antilles, effective measures should continue to be taken to bring to an end the deplorable conditions of detention at Koraal Specht Prison; the practice of controlling prison discipline by the use, on a virtually daily basis, of riot squads in the Netherlands Antilles should be reviewed and, in particular, efforts should be made to develop alternative means to prevent inter-prisoner violence. Such means should include the proper training of prison personnel. Relevant statistics should also be provided to the Committee, disaggregated by gender and geography.
Following the Committee's delivery of its conclusions and recommendations, a representative of the Netherlands thanked the Committee for its prompt consideration of the report and informed it that statistical data on prison population in Aruba was submitted only yesterday.
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24th Session
16 May 2000
Afternoon
The Committee against Torture this afternoon expressed concern, among other things, about allegations of police actions in the European part of the Netherlands involving illegitimate body searches, inadequate deployment of female officers, and some excessive use of force by the police in connection with crowd control.
In its conclusions and recommendations on the third periodic report of the Netherlands, the Committee also found as a positive aspect that it had received no information about allegations of torture in the Netherlands. The Committee considered the report of the Netherlands last week.
The Netherlands is one of the 119 States parties to the Convention against Torture and Other Cruel or Degrading Treatment or Punishment, and as such it is obligated to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
When the Committee reconvenes in public at 5.30 p.m. on Wednesday, 17 May, it will deliver its conclusions and recommendations on the initial report of Slovenia.
Conclusions and Recommendations on Report of Slovenia
In its introduction, the Committee noted with satisfaction that the third periodic report of the Netherlands (European part of the Kingdom, Antilles and Aruba) conformed to the general guidelines for the preparation of periodic reports as to content and form; it thanked the three respective Governments for their comprehensive reports as well as for the oral reports and clarifications made by the delegations which had displayed a spirit of openness and cooperation; it welcomed the three accompanying core documents which, although not submitted in keeping with prescribed time, facilitated the examination of the reports; and it regretted that no Aruba delegation could be present during the examination of the reports; however, the Committee appreciated the written information and answers provided by Aruba to the Committee.
Among positive aspects, the Committee particularly noted with satisfaction that it had received no information about allegations of torture in the State party; as of early 1999, a special National War Criminals Investigation Team had been set up and made operational in the Netherlands (European part) to facilitate the investigation and prosecution of war crimes, which could include torture as specified in the Convention; the State party's contributions to the United Nations Voluntary Fund for the Victims of Torture; and clarifications by the representative of the State party as to the non-prosecution of former Chilean President Augusto Pinochet when he was on the territory of the Netherlands. While regretting the lack of prosecution on the grounds of non-feasibility, the Committee noted with satisfaction that the State party representative had affirmed that immunity from prosecution did not presently hold under international human rights law.
The Committee also noted as positive aspects that the Netherlands Antilles and Aruba had both recently, in criminal legislation, made the act of torture punishable as a separate criminal offence, also establishing the principle of universal jurisdiction; and the Netherlands Antilles had established a National Investigation Department to investigate allegations of breach of authority by public servants and a public Complaints Committee on police brutality. In addition, several short and mid-term measures had been taken to ameliorate conditions in prisons.
The Committee expressed its concern about allegations of police actions in the Netherlands (European part) involving illegitimate body searches, inadequate deployment of female officers, and some excessive use of force by the police in connection with crowd control; allegations of inter-prisoner violence, including sexual assault in Koraal Specht prison in the Netherlands Antilles; the daily use of a riot squad as a means of prisoner control in Koraal Specht prison in the Netherlands Antilles; some allegations of police brutality in Aruba and the absence of information, including statistics, regarding the prison population.
It recommended that measures be taken in the Netherlands (European part) to fully incorporate the Convention into domestic law, including adopting the definition of torture as contained in article 1 of the Convention; despite improvements already made in the Netherlands Antilles, effective measures should continue to be taken to bring to an end the deplorable conditions of detention at Koraal Specht Prison; the practice of controlling prison discipline by the use, on a virtually daily basis, of riot squads in the Netherlands Antilles should be reviewed and, in particular, efforts should be made to develop alternative means to prevent inter-prisoner violence. Such means should include the proper training of prison personnel. Relevant statistics should also be provided to the Committee, disaggregated by gender and geography.
Following the Committee's delivery of its conclusions and recommendations, a representative of the Netherlands thanked the Committee for its prompt consideration of the report and informed it that statistical data on prison population in Aruba was submitted only yesterday.
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