An amendment to the law on penitentiary principles introduced visual surveillance of conversations between prisoners placed in an extra security unit (EBI) or an intensive supervision section (AIT) and their solicitors. Each prisoner can communicate confidentially with a maximum of two solicitors.

The DJI closed the Horsterveen juvenile facility (JJI) on 1 September 2023. It had opened in September 2021 to compensate for insufficient space in JJIs. Severe weather rendered the facility unusable in June 2023. Some young prisoners aged 18 to 23 were placed in the detention centre of the Zeist judicial complex (JC Zeist) to await the opening of the Klein Bankenbosch JJI, scheduled for the second quarter of 2024. The new facility is expected to create 70 new spaces.

On 8 September 2023, the Justice and Security Inspectorate, the Health and Youth Care Inspectorate, the Education Inspectorate and the Dutch Labour Inspectorate made a joint inspection visit to JC Zeist. They found that the placement of these young people in a detention centre did not comply with the principles of the justice system for minors, and that the detention centre was not able to meet their specific needs. The Inspectorates requested that JC Zeist create the same conditions for the juvenile

In May 2022, the CPT noted that the juvenile unit at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA) was in poor condition.

Dutch youth detention facilities (JJI) are facing a staff shortage, a trend expected to worsen in the coming years. The Dutch Ministry of Justice is taking steps to safeguard the living conditions and care of incarcerated minors. Currently, if a JJI is at full capacity, young adults who fall under juvenile criminal law may be placed in standard detention centres. This approach is already being used and is likely to become more common.

The youth detention facility in Horsterveen opened in September 2022 for a limited period, in response to the surging occupancy levels in other JJIs. Its closure will be delayed until the new youth detention facility in Teylingereind has sufficiently staffed up.

In 2022, inspectors from the Ministry of Justice disclosed that women incarcerated in a prison near Utrecht were subjected to bullying, threats, and sexual harassment by guards. Several have already been terminated for engaging in consensual or non-consensual relationships with female prisoners.

In May 2022, the CPT noted ill-treatment at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), including the use of force and punching by the special intervention team and verbal abuse from prison staff. At Centre for Detention and Correction Curaçao (SDKK), the CPT noted allegations of rough treatment by the special intervention team (IBT) during cell searches, including throwing and breaking objects. At Point Blanche Prison in Sint Maarten, complaints were filed concerning ill-treatment, excessive use of force and the use of pepper spray.

The Inspectorate of Justice and Security launched an investigation into possible instances of unethical behaviour, including sexually transgressive behaviour, by staff of the penitentiary institution (PI) Nieuwersluis, and into the factors that influenced the beginning or continuation of this behaviour. The Inspectorate’s report (internal documents and 66 interviews) offers recommendations, which have all been accepted by the Minister for Legal Protection, and which will also be applied to other prison institutions for women following inspections in these centres.

In May 2022, the CPT noted that no log existed to record excessive use of force by staff, and such records that did exist lacked detailed, up-to-date information. The prison directors could still order the use of restraints on prisoners in solitary confinement for a maximum of 24 hours. This measure could be extended several times, each time for an additional 24 hours, after consultation by a doctor.

At Centre for Detention and Correction Curaçao (SDKK), registers should be updated following incidents, but they were not, except in the case of serious incidents.

In May 2022, the CPT noted that prisoners with life sentences were barred access to reintegration activities and did not have specific objectives in their sentence plan.

In May 2022, the CPT noted that at Centre for Detention and Correction Curaçao (SDKK), women could move about freely during the day, had access to a volleyball court and could cook together. Nine of the thirteen women incarcerated in the facility had a job. However, no other activities were offered, and the fitness centre was out of service.

At Point Blanche Prison in Sint Maarten, the women could leave their cells for five hours per day, had access to an outdoor exercise yard, and could play board games, watch television and use a computer in a communal area. The space also included sports equipment. However, no organised activities were offered.

Prisoners in solitary confinement are automatically excluded from participating in their usual activities as a disciplinary sanction.

In some facilities, prisoners have access to blackboards, with chalk available upon request.

No efforts toward rehabilitation or reintegration are undertaken for individuals held in isolation cells.

The conditions in solitary confinement cells are austere. Typically, mattresses are removed during the day. Prisoners are required to wear paper underwear and are prohibited from wearing socks; there is no access to potable water at the faucets, no sinks are available, toilets are made of metal and lack seats. Shower privileges are extended only once every three days. Lighting is externally controlled, and the cells are devoid of sheets, equipped only with a single blanket. The doors are reinforced, and the windows are obscured, blocking any view outside.

In contrast, some facilities have upgraded specific cells. These renovated cells are painted in warm hues and furnished with curtains or a television set. Unlike the typical delivery through a hatch in the door, food is served to prisoners by staff who open the doors to these cells. Additionally, prisoners placed in solitary confinement maintain their original cell allocation.

Some solitary units are not permanently staffed. Vulnerable individuals placed in solitary for security reasons are often supervised remotely by camera or by staff stationed outside the unit. Camera surveillance in solitary cells is limited and requires the prison director’s authorisation. Such conditions can intensify the trauma of these prisoners, heightening the dangers linked to isolation.

In May 2022, the CPT noted that the solitary confinement cells in Vught Prison’s BPG unit were inadequately cleaned and poorly ventilated. These cells were equipped with toilets, foam blocks to be used as beds and tables, a call system and CCTV cameras. They were not equipped with real beds, tables or chairs. The CCTV cameras showed the toilet area and could only be switched on if medical advice placed a person under observation for protection reasons. Prisoners who had been held in these cells stated that they had been instructed to clean the cells at the end of their time there. When the CPT visited, the cells smelled of urine.

The condition of the solitary confinement cells for women at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA) was austere. Nothing was provided beyond a concrete platform, which served as a bed, and a sanitary area that was not separated from the rest of the cell. Once the door closed, no natural light could enter, and the artificial lighting was often switched off to avoid emitting too much heat. The cells did not have call bells.

At Point Blanche Prison in Sint Maarten, the solitary confinement cells were not kept in good repair. They were dirty, with visible black mould on the walls, no furniture, and water leaking from the ceilings, and they were hot and did not have fans.

Curaçao Centre for Detention and Correction (SDKK) did not use solitary confinement as a punishment because the facility did not have any suitable disciplinary cells. In most cases, prisoners had their visiting rights taken away instead.

In May 2022, the CPT noted that the prison service’s approach regarding substance abuse was still a punitive one. Only a few prisoners had access to substitution treatment using methadone. Incarcerated persons could also be transferred to rehabilitation clinics. Mandatory drug testing was carried out regularly; positive results led to disciplinary sanctions.

At Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), Centre for Detention and Correction Curaçao (SDKK) and Point Blanche Prison in Sint Maarten, urine testing was carried out by the staff treating the person with substance use disorder, which affected the relationship between the patient and the healthcare staff.

In May 2022, the CPT noted that the forensic psychiatric support unit (FOBA) at Centre for Detention and Correction Curaçao (SDKK) and the IBA unit at Aruba Correctional Centre (KIA) did not provide an appropriate therapeutic environment for prisoners with mental health issues. This was due to a shortage of adequately trained personnel and the near-total lack of therapeutic activities.

At Centre for Detention and Correction Curaçao (SDKK), nine surveillance officers in pairs were present at all times in the forensic psychiatric support unit (FOBA). They all received training on how to deal with people with mental disorders. Most have been in this unit for a long time and are very dedicated to their work.

In May 2022, the CPT noted a sufficient number of psychologists and psychiatrists to treat the incarcerated population. Prisoners with mental health problems may be placed in EZV units, which are present in all prisons. Those in a state of crisis may be transferred to PPCs in order to receive specialist assistance in an appropriate medical environment. In all the prisons visited, prisoners at risk of suicide were placed in cells alone, either in clothing that could not be torn or naked, as they awaited a specialist mental health team. This isolation, resulting from confinement to a cell for most of the day, little or no contact with staff, and a poor regime, is antithetical to the care necessary for those at risk of suicide or self-harm.

At Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), Centre for Detention and Correction Curaçao (SDKK) and Point Blanche Prison in Sint Maarten, agitated individuals in the psychiatric unit were sometimes subjected to chemical restraints. They were not kept informed of the medication injected.

A psychiatrist now visits Aruba Correctional Institution (Korrectie Instituut Aruba – KIA) twice weekly. Persons with mental health disorders are placed in the unit for at-risk individuals. The unit does not provide an appropriate therapeutic environment, as little support is available.

At Centre for Detention and Correction Curaçao (SDKK), three people with mental health disorders had no specific area to hold them. However, the forensic psychiatric support unit (FOBA), which has a capacity of 21, was holding 19 men. The cells are single-occupancy, clean and in good condition. The prisoners could leave their cells twice per day for a total of four hours and could go outside. No individualised programme is available, and few activities are offered.

At Point Blanche Prison in Sint Maarten, a psychiatrist visited the facility 10 to 20 times per year, and a nurse visited once weekly.

In May 2022, the CPT noted that the capacity of terrorist units (Terroristen Afdeling, TA) had increased in recent years from 48 to 70. In addition to the existing units at Vught Prison and De Schie Prison (Rotterdam), a third unit with a capacity of 10 women opened in August 2020 at Zwolle Prison. Multidisciplinary, individualised reintegration programmes have been established for each prisoner. Several people, especially at Zwolle Prison, voiced a desire for additional de-radicalisation support.

In May 2022, the CPT noted that strip searches were still being ordered by prison directors, despite earlier recommendations. They were performed by the prison staff, of the same sex when possible. In the facilities visited by the CPT, the prisoners were subjected to strip searches where they were required to remove all of their clothes at once and squat, which could be considered inhuman and degrading treatment. Complaints had been filed from prisoners in the EBI, TA and BPG units concerning overly frequent searches, which were sometimes performed by staff members of a different sex.

At Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), some collective search incidents were reported, during which prisoners were ordered to undress completely and form a line in the corridor while their cells were searched. In July 2018, all the women were searched, and body cavity searches were carried out by a female member of the medical staff. Male staff members were present during the examinations.

In May 2022, the CPT noted that the material conditions in the older buildings at Vught Prison were poor, citing the presence of rodents and poor ventilation. The material conditions at Aruba Correctional Institution (KIA) and Centre for Detention and Correction Curaçao (SDKK) were poor as well. Most of the prisoners were held in dirty, dilapidated cells infested with rodents. The sanitary annexes in shared cells were poorly insulated, and many had black mould on the walls. The cells at Centre for Detention and Correction Curaçao (SDKK) were dilapidated and dirty. The sanitary areas in shared cells were not properly separated from the main part of the cell, and the flushing mechanisms did not function as they should. There were not enough chairs, and prisoners had to store their belongings in bags or plastic boxes. In many cells, electric wiring was visible near the walls, and there were no call bells. The prison was infested with rodents.

The material conditions at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA) had improved since the CPT’s previous visit in 2014. Parts of the prison were still dilapidated, with damaged walls, exposed, corroded iron bars, and lumps of plaster and concrete peeling off of the walls. The material conditions for women were better than those in other units. However, as is the case elsewhere, the cells were not equipped with call bells.

In May 2022, the CPT noted that untried prisoners were confined to their cells for up to 21 hours per day at the Dordrecht, Vught and Zwolle prisons.

In May 2022, the CPT noted that at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), juvenile prisoners were able to spend most of the day outside of their cells and could exercise outside twice a day for a total of two to three hours. However, there was no programme of organised activities, and educational activities were not available to everyone.

The current daily schedule includes 77 hours of group activities each week. Yet, this does not suit some of the youths, as it’s too overwhelming for them. Right now, it is not possible to customise the schedule to individual preferences. The alternative day programme scales back on activities and requires less staff than the current setup.

In May 2022, the CPT noted that at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), the material conditions for women were better than those in other units. However, as is the case elsewhere, the cells were not equipped with call bells. At Centre for Detention and Correction Curaçao (SDKK), the conditions for women were just as poor as for the men, and large quantities of dust from a neighbouring work site made its way into the cells. At Point Blanche Prison in Sint Maarten, the material conditions for women were the same as those for men. The double-occupancy cells for women measured 10 m2, the lights did not work well, black mould was present in the sanitary areas, the sewage system did not function properly, puddles were present in the showers, the shelves were rusty, and the mattresses were old and dirty.

In May 2022, the CPT noted that supervisory committees had been established for each correctional facility, and regular visits were carried out. Each committee submits an annual report with the most significant observations.

In May 2022, the CPT noted that prisoners could file complaints regarding decisions taken by prison management. Confidential mailboxes were in place to address these messages to the complaints committee, who could then raise issues with prison management teams. This system functions well, but the complaints committee reportedly had insufficient resources to manage the growing stream of complaints. None of the prisoners knew that they could contact or file complaints with the national ombudsman and/or the NPM.

Prisoners in Dordrecht Prison’s new limited security unit for reintegration benefit from an open regime and reintegration leave, which allows them to work outside of the prison for four days per week. Only four people are in this unit at this time. They are free to move around from 6:30 a.m. to 9:30 p.m., during which time they can see their families and buy food in the community. They also have access to mobile phones, laptops and musical instruments.

The revised Penalties and Protection Act (Wet Straffen en Beschermen) entered into force on 1 July 2021. It aims to put additional efforts into reintegration possibilities for prisoners from their first day in detention. This requires a detailed individual plan for each prisoner and cooperation from external institutions and organisations such as the probation service. As they near the end of their time in detention, prisoners are eligible for placement in limited security units (BBA). Prisoners are eligible for conditional release two years before the end of their sentence and are no longer required to work.

The CPT noted that in May 2022, the Netherlands no longer rented prisons to Belgium (Tilburg) or Norway (Norgerhaven in Veenhuizen). The contracts had either ended without being renewed or had been cancelled.