CAT/OP/NLD/1
I. Introduction
1.
From 28 to 31 July 2015, in accordance with its mandate set forth in the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (“Optional Protocol” or “OPCAT”), the Subcommittee on
Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(“Subcommittee” or “SPT”) undertook its first visit to the Netherlands.
2.
The Subcommittee was represented by: Ms. Mari Amos (Head of the delegation),
Ms. Maria Margarida Pressburger and Ms. Aneta Stanchevska.
3.
The Subcommittee was also assisted by two human rights officers from the Office of
the High Commissioner for Human Rights (OHCHR).
4.
The objective of the visit was to provide advisory services and technical assistance
to the Netherlands national mechanism for the prevention of torture and other cruel,
inhuman or degrading treatment or punishment (NPM), in accordance with article 11 (b),
subparagraphs (ii) and (iii) of the Optional Protocol. The visit was intended to assist in
strengthening the capacity and mandate of the NPM. The visit also aimed to assist the NPM
in an evaluation of the needs and the means necessary to strengthen the protection of
persons deprived of their liberty from torture and other cruel, inhuman or degrading
treatment or punishment in the Netherlands.
5.
During its visit, the Subcommittee met with officials from the Ministry of Security
and Justice, the National Police Force, the National Agency of Correctional Institutions, the
Repatriation and Departure Service, the Ministry of Foreign Affairs, and the Ministry of
Health, Welfare and Youth. The SPT also met with the Netherlands Institute for Human
Rights and the National Ombudsman, as well as with civil society (see Annex I).
6.
A primary purpose of the visit was to provide the NPM with advisory services and
technical assistance. Thus, a number of meetings were held with NPM members and
associated institutions in order to discuss the NPM’s working methods and to explore ways
to strengthen and increase the effectiveness of the NPM, as explained below. To observe
how the NPM applies its working methodology, the SPT also visited, together with the
NPM, two places of deprivation of liberty, which were chosen by the NPM (see Annex II).
During these joint visits, Subcommittee members adopted the role of observers, while
members of the NPM led the visits.
7.
The SPT appreciates the cooperation extended by the authorities of the Kingdom of
the Netherlands in facilitating the visit, in compliance with the State party’s OPCAT
obligations. The Subcommittee is also grateful for the assistance extended in arranging the
necessary meetings so that the SPT could better understand the legal, structural and
institutional framework of the Netherlands NPM.
8.
To that end, this report sets out recommendations and observations to the State
Party, in accordance with article 11 (b), subparagraph (iv), of the Optional Protocol.
9.
The Subcommittee requests that the State party reply within six months of the
date of transmission of this report, giving an account of the actions taken and a
roadmap for full implementation of its recommendations.
10.
This report is currently confidential and it will be for the State party to decide
whether or not to make it public.
11.
The Subcommittee therefore recommends that the State party request for this
report to be published, as other States parties to the OPCAT have done. The SPT
further requests that it be notified of the State party’s decision in this regard.
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