Human Rights Violations!

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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Here the full text: cat

In April 2009 I made another Post about the Dutch violations against this ‘Convention Against Torture’, proving my case is a violation of this Convention!

Here a few more violations of the Dutch Government of the several Articles:

Article 1

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

This case of rape, children of rapist, refusing medical help, refusing information on crimes against the victims Hans & W..s Smedema, refusal of charging the rapist, not allowing Hans to file charges against the rapist and helpers, not allowing an investigation by an Official Head Prosecutor mr. Ruud Rosingh, letting the victims suffer without any information and become so sick Hans had to stop working, letting the world think Hans is insane or delusional, and all this from 1972 until this very day, is Inhuman or Degrading Treatment or Punishment!

Meaning Violations of the Convention by the Dutch Government!

Article 2

1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political in stability or any other public emergency, may be invoked as a justification of torture.

3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Where are for Hans and W..s Smedema those effective measures mentioned in part 1? Since 1972 they have only seen Inhuman or Degrading Treatment! In fact they are Punished for having Amnesia and severe Suppression! Part 2 states that ‘Nothing may invoke a justification of torture!’ But in this case the high level people like probably Queen Juliana and many other Officials and Politicians are being protected at the cost of torture of Hans and W..s Smedema! Part 3 states that The College of Procureurs Generaal never should have stopped Mr. Ruud Rosingh from investigating the rape by two men of the Wife of Hans Smedema on January 12th 1991 in Leeuwarden. Here alone 3 Violations of the Convention of Torture!

Article 4

1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

Where are those laws and why are they not followed? This is the reason for the conspiracy? Fear of prosecution? Don’t care about the victims?

Article 12

Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Well again, where is that investigation?

Article 13

Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Again where is that help from the Dutch Government and where is that investigation? Why is the crucial witness Elise B. afraid to tell the truth, when she should be protected against intimidation?

Article 14

1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.

2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

That is exactly what I am demanding.

Article 15

Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.

Exactly what I need to be able to accuse the rapist and win my case. The Appeal case can be won based on this article 15 of the Convention Against Torture.

Article 16

1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

So even when a bit less than torture, Dutch officials should have acted! Why not? Who needs to be protected? The name of an innocent Queen? The Dutch Government knows that Hans Smedema is right with his accusations, so why let the whole world think he is insane or delusional? Inhuman or Degrading treatment of Hans and W..s Smedema!

I am preparing a complaint for the Committee who overlooks this Convention in Geneva and will publish it here.

More later…

Hans Smedema

Copyright 2010 Hans Smedema, Parcent, Spain