CAT/C/NLD/CO/7
directive on the right of access to a lawyer (directive 2013/48/EU) and amending the Code
of Criminal Procedure to provide legal aid to persons suspected of category C (minor)
offences, the Committee is concerned by the continued absence of lawyers in Saba and Sint
Eustatius. In addition, while noting the procedural safeguards in domestic legislation, the
Committee is concerned by the information that in practice, persons under police custody
are often denied the right to notify a person of their own choosing about their detention
(arts. 2, 11, 12, 13 and 16).
10.
The State party should ensure, in law and in practice that all detainees are
afforded all fundamental legal safeguards from the outset of the deprivation of liberty,
including the safeguards mentioned in paragraphs 13 and 14 of the Committee’s
general comment No. 2 (2007) on the implementation of article 2. It should take the
necessary measures to ensure adequate access to lawyers, particularly in the
Caribbean part of its territory and also guarantee the right of detainees to notify a
person of their own choosing of their detention, including by providing adequate
training to police officers.
Non-refoulement
11.
While noting the efforts made by the State party to respond to the large influx of
asylum seekers and undocumented migrants, including the high number of unaccompanied
minors, arriving in its territory, the Committee is concerned at numerous reports alleging
that the State party has acted in breach of the principle of non-refoulement during the
period under review. In that regard, this Committee itself found in the case of F.B. v. The
Netherlands that the State party’s expulsion of a foreign national would constitute a
violation of the principle of non-refoulement under article 3 of the Convention (see
CAT/C/56/D/613/2014). In particular, the Committee is concerned that:
(a)
The fast-track asylum procedure for individuals coming from countries
designated as “safe” may not allow a thorough assessment of their special circumstances;
(b)
The exclusion clauses of the Convention relating to the Status of Refugees
are reportedly applied to all Afghans who previously worked for the security service
Khad/Wad and that the burden of proof resting on the applicants has resulted in effective
denial of refugee status to all of these individuals;
(c)
The authorities of Curaçao reportedly forcibly returned more than 1,000
Venezuelans to their country in 2017, some of whom had expressed a fear of being
subjected to torture and ill-treatment upon their return;
(d)
The State party did not provide sufficient information concerning the
compliance with the principle of non-refoulement by the Dutch armed forces operating
overseas, in particular with regard to the transfer of detainees to countries where there may
be a risk of being subjected to torture and ill-treatment;
(e)
At the time of signature, ratification or accession to the Convention relating
to the Status of Refugees, the State Party did not declare that the Convention extended to all
of its constituents countries. The Committee is also concerned that neither Aruba, Curaçao
nor Sint Maarten has adopted its own refugee and asylum legislation, thereby creating a
significant gap in the legal framework concerning protection against refoulement (art. 3).
12.
The Committee recommends that the State party adopt all the necessary
legislative, administrative and other measures to ensure compliance with the principle
of non-refoulement set out in article 3 of the Convention. In particular, the State party
should:
(a)
Allow sufficient time for asylum seekers, especially those in the fasttrack procedure, to fully indicate the reasons for their application, obtain and present
crucial evidence in order to guarantee fair and efficient asylum procedures and ensure
the right to appeal, with a suspensive effect, in order to ensure that the legitimacy of
applications for protection by refugees and other persons in need of international
protection is duly recognized, and refoulement and collective return are prevented;
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