Jaarverslag 2016 1 Monitoring issues No one should be treated in a humiliating or degrading manner. This also applies for those detained, cared for or treated under non-consensual conditions or whose freedom has been restricted by the government in any other way. As a part of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)1, the Netherlands has appointed various organisations as members of the ‘National Preventive Mechanism’ (NPM). This 2016 annual report features the NPM assessment of detention conditions and the treatment of people restricted in or deprived of their freedom. According to the annual report, the rights of those whose freedom has been restricted are generally respected in the Netherlands. The NPM has worked to monitor and issue recommendations on the aspects of care, detention and the repatriation of irregular migrants. Based on the outcomes of these monitoring efforts, the NPM concludes that people whose freedom has been restricted are generally cared for in an adequate and conscientious manner. However, a number of reports and recommendations do call for the further strengthening of human rights at legislative, policy and practical level. The following sections outline the three main focal points of NPM monitoring. Tension between the need for security and the preservation of liberties The NPM is continually vigilant about the tension between security and the preservation of internal liberties and leave opportunities for detainees in penitentiary facilities or forensic institutions. Detainees must have the opportunity to prepare for their return to society. However, there is also a need to ensure security within and outside of the institution. A penitentiary facility or forensic institution must thus continually weigh these two principles when awarding internal liberties and leave to detainees. This causes risks in terms of the smuggling of 1 According to Article 3 of the OPCAT, member states are obliged to ‘set up, designate or maintain [...] one or several visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment’. These bodies, responsible for conducting site visits within the member state, are referred to as the NPM. 3 Table of conte nts

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