pi_fp_pays_basfr_illustration.png

Netherlands

Capital city — Amsterdam

+
Country-profile

Special populations

Women

Female prisoners

4.7 % (440)
i
01/2021
/ Council of Europe, SPACE I – Report 2021, p. 45.

Variation in the number of female prisoners

decrease

The number of female prisoners decreases by 15,22 % between January 2020 (519)1 and January 2021 (440).

  1. Council of Europe, SPACE I, Report 2020, p. 46. ↩

Percentage of untried female prisoners

41.1 %

i
31/01/2018
/ Council of Europe, "Space I – Report 2018", p.39.

Percentage of foreign female prisoners

22.7 %

i
31/01/2021
/ Council of Europe, SPACE I – Report 2021, p. 45.

There are three facilities for women: Ter Peel prison (south-east wing, capacity for 226) in Evertsoord, Nieuwersluis prison (capacity for 220) in Utrecht, and Zwolle prison (capacity for 143).

  • 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.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

There is an effective separation between men and women

yes

Untried female prisoners are separated from the convicted

yes

The prison staff is

male and female in equal number

Body searches are conducted by a female member of staff:

  • Pat down searches may be conducted by male staff, only when strictly necessary
  • Strip searches are always conducted by female staff

The prison service takes the specific needs of female prisoners into account, providing, for example, gynaecological consultations, as well as access to female sanitary products and contraception.

Incarcerated women can participate in activities.

  • 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.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

Conjugal visits are allowed for women

yes, with proof of long-term relationship

Women benefit from the same provisions as men with regard to conjugal visits. The facility director verifies the validity of the relationship. Conjugal visits are permitted once a month.

The legislation provides for a sentence adjustment for pregnant women or women with young children

no

Pregnant women receive proper prenatal care

yes

Childbirth takes place in

external care facilities

Pregnant inmates are admitted to a regional healthcare facility two weeks before their due date. The mother remains in hospital for ten days after delivery, before returning to prison with her newborn child. The child welfare service (Advies- en Meldpunt Kindermishandeling) must approve this transfer. Ter Peel prison is equipped with a nursery for children over eight weeks old.

The use of instruments of restraint is forbidden during labour and childbirth

yes

Mothers are allowed to keep their children with them

yes, until 9 months

Children, regardless if they are breastfed, remain with their mothers until the age of nine months.
The Dutch authorities consider the prison environment to be non-conducive to child development.

The only facility that is fully adapted to offer places to mothers with young children is Ter Peel prison in Evertsoord. The facility has a mother and child unit (Moeder met Kindhuis, MMK). Children can stay here with their mother until the age of four. Only mothers who are eligible for semi-open placement have access to this unit. The unit has a play area. A day-care centre located near the prison accommodates children during the day.

Security staff in these units wear a uniform.

The prison service takes the specific needs of children into account, namely food, clothing and medical care.

Minors

The law bans the imprisonment of minors

no

Article 77h, paragraph 1(a) of the Penal Code provides for the imprisonment of minors convicted of criminal offences.

Minimum age of imprisonment for minors

12 years old

The age of legal majority is 18 years old.

Incarcerated minors

1.1 %

i
09/2018
/ World Prison Brief, ICPR

Variation in the number of incarcerated minors

increase

The proportion of custodial sentences handed down increased from 13% to 25% between 2015 and 2020. The average length of detention increased from 50 to 86 days between 2018 and 2020. The average occupancy rate in juvenile facilities was almost 90% in 2021. In some cases it reached 150%.

Ministry in charge of incarcerated minors

Ministry of Justice and Security

(Ministerie van Justitie en Veiligheid)

i
Ministerie van Justitie en Veiligheid

Minors are subject to a specific justice system. A number of provisions of the Penal Code apply exclusively to them.
They are brought before a juvenile court and placed in dedicated juvenile facilities.
Juvenile criminal law may also be applied to adults aged between 18 and 23 years, following analysis of their maturity and personality by the judge in charge of the case.

The main sanctions provided for in the Penal Code (art. 77h) are as follows:

  • for an offence: detention, community service or a fine. Minors who were under the age of 16 at the time of the offence may be imprisoned for a period of between one day and 12 months. Minors aged between 16 and 18 years at the time of the offence may be imprisoned for a period of up to 24 months (art. 77i).

  • for a minor offence: community service or a fine

Community service may be carried out in the form of:

  • unpaid work or work to repair the damage caused by the offence
  • educational sentence (learning project)
  • combination of both

The law also provides for a security measure, JIP, dedicated to minors suffering from mental disorders. This measure can last for three years and can be extended once or twice, for a maximum total of seven years. The JIP can be converted into a TBS measure (see section Psychological care).

Five so-called ‘small-scale’ juvenile facilities (KVJJ) were established in 2021 in Amsterdam, Cadier en Keer (KVJJ South), City of Groningen (KVJJ North), Krimpen aan den IJssel (KVJJ Rijnmond) and The Hague. These ‘low-security’ detention facilities are designated for young people on remand, young people at the end of their sentence, young people under JIP measures and minors. The KVJJs are located close to urban centres and allow contact with family and friends to be maintained and activities (training, leisure, employment) to be pursued. The capacity of each establishment is eight places.

Juvenile justice facilities (Rijks Justitiële Jeugdinrichting – JJI) will be transformed into youth forensic centres (Forensisch Centrum Jeugd – FCJ) by 2024. A pilot project of a low-security unit (LBU) is taking place, as part of this reform, at the Hunnerberg juvenile correctional institution. In a building separate from the institution, the LBU can house 8 young prisoners, from asylums for minors (PIJ-maatregel – PIJ measure) or justice facilities (JJI), or young people who have recently been placed in preventive detention. The approach is centred on the needs and abilities of young people, granting them more freedom and responsibility. The juvenile prisoners in the pilot unit seem to be more invested in their personal development and less inclined to aggression. The department head hopes to extend this method to other groups in the juvenile detention centre.

This low-security unit differs from small-scale facilities for incarcerated youth (Kleinschalige Voorziening Justitiële Jeugd - KVJJ). The low-security unit (LBU) is affiliated with a juvenile justice facility (JJI), and the prisoners held in the LBU go to school at the JJI and see therapists there. Administrative approval is required for each transfer to and departure from the LBU building.

  • 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

    i
    01/12/2023
    / Inspection de la justice et de la sécurité (Inspectie Justitie en Veiligheid)

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

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

  • 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.

    i
    03/02/2023
    / Ministère de la Justice

Figures on minors in prison are published

on a regular basis

Minors in prison are separated from adults

yes

The sentencing of persons between the ages of 18 and 23 under the juvenile justice system means that minors and young adults may be detained in the same facility

The law provides for single cell accommodation for minors

yes

Each juvenile prisoner is accommodated in a single cell equipped with a bed, a table, a chair, a wardrobe and a toilet cubicle. The cell also includes a radio and a television.1

  1. Dutch prison service, “Information on the detention of minors”, p.1. ↩

The schooling of minors is compulsory

yes

Schooling is compulsory in the Netherlands for children aged five to sixteen (1969 education law).
Juvenile inmates attend school for around 25 hours a week, from Monday to Friday. Each class has a maximum of seven to eight students, either from within the prison or from other child protection facilities. The teaching is comparable to that of a regular school.

The law prohibits strip searches for minors

no

Children are subject to pat downs and strip searches. The latter is conducted in a separate, private room, and, where possible, by a person of the same sex.1

  1. Article 34, para. 3, of the Regulation on Legal Policies for Juvenile Prisons, (Beginselenwet justitiële jeugdinrichtingen). ↩

The law forbids solitary confinement for minors

no

The law permits the placement of juvenile prisoners in solitary confinement as a last resort.1 This placement is decided by the prison director. It is limited to one day for minors under the age of sixteen and two days for those over sixteen.

In 2022, the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming) recommended the creation of a policy to reduce disciplinary sanctions and solitary confinement for minors. The new policy would be based on the principles of resocialisation and minimal restrictions. Solitary confinement should no longer be used as a disciplinary sanction but instead exclusively as a measure for maintaining order.

  1. Article 25 of the Regulation on Legal Principles for Juvenile Facilities. ↩

Specific activities are planned for minors.
The TOPs! programme is aimed at young people aged between 12 and 23 whose behaviour is considered problematic. It is based on cognitive psychology.
The Work-Wise programme supports young prisoners in their choice of training or future work. It is offered to all minors imprisoned for more than three weeks.
Most of the juvenile centres also offer cognitive-behavioural or sensory stimulation therapy (Eye Movement Desensitization and Reprocessing, EMDR).

  • 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.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

  • 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.

    i
    2023
    / Ministère de la Justice

Since 2010, staff in juvenile facilities have received additional training based on the YOUTURN methodology. It seeks to empower the child and encourage them to be more responsible.

Foreign prisoners

Number and percentage of foreign prisoners

23.3 %

i
01/2021
/ Council of Europe, SPACE I – Rapport 2021, p. 66.

Variation in the number of foreign prisoners

decrease

The number of foreign prisoners decreases by 9,75 % between January 2020 (2 431)1 and January 2021 (2 194).

  1. Council of Europe, SPACE I, Report 2020, p. 63. ↩

Foreign prisoners are informed of their right to communicate with their consular representatives

yes

The prison regulations are translated for foreign prisoners

yes

Foreign prisoners can be assisted by an interpreter

yes

Foreign prisoners may be assisted by an interpreter during police interrogations and court proceedings, free of charge. They receive the same assistance during meetings with their solicitors.

Foreign prisoners are entitled to legal aid

yes

There is no discrimination between foreign and national detainees concerning the right to legal aid/counseling.

Illegal residence on Dutch territory is not punishable by imprisonment. It is subject to administrative law and, more specifically, to the Aliens Act of 2000.

Foreign prisoners are allowed to remain in the country after having served their sentence

under certain conditions

i
09/03/2021
/ RSJ

Foreign nationals can have their residency permits revoked or withdrawn following a prison sentence. This depends primarily on the length of residency prior to detention and the seriousness of the offence committed.

Foreign prisoners are allowed to make phone calls to their home country. The cost of these calls is borne by them. The charges, set by the private operator Teleo, are considered excessively high.

Long-term prisoners

A long-term sentence is considered as such as of

-

In 2022, the vast majority of the House of Representatives is in favour of extending the maximum prison sentence for manslaughter from 15 to 25 years. This bill from the Minister of Justice aims to reduce the difference between the sentence for manslaughter and the sentence for murder, which carries a maximum penalty of 30 years in prison. The opposition claims the increase is unnecessary, as the maximum length of a sentence is rarely applied.

  • On 11 December, the Justice and Security Minister submitted a bill to increase the maximum prison sentences for offences relating to hard drugs. The maximum prison sentences would increase as follows:

    • from 6 years to 8 for possession of hard drugs and for committing preparatory acts for offences relating to hard drugs,
    • from 8 years to 12 for organised trafficking and production,
    • from 12 years to 16 for illegal importing and exporting.
    i
    11/12/2023
    / Gouvernement des Pays-Bas

  • The maximum sentence for manslaughter rose from 15 to 25 years on 1 July 2023.

    i
    29/06/2023
    / Gouvernement des Pays-Bas

Cumulative sentences have a limit

yes

Life sentences are banned

no

Article 10 of the Penal Code allows for life imprisonment.
Article 77b, paragraph 2, excludes minors from this.

People serving a life sentence

0.8 % (75)
i
31/01/2021
/ Council of Europe, SPACE I – Report 2021, p. 53.

The Forum Levenslang association and students from the University of Groningen track changes in the number of life sentences. They published the trends in the figures since the 1960s. As of 9 July 2022, 13 of the 41 prisoners sentenced to life imprisonment had been in custody for over 20 years. Five of the prisoners have been imprisoned for over 25 years.

Variation in the number of people serving a life sentence

increase

The number of people serving a life sentence increases by 87,5% between January 2020 (40)1 and January 2021 (75).

  1. Council of Europe, SPACE I, Report 2020, p. 54. ↩

Life sentences are imposed in cases of “serious violation of State security” (Article 92 et seq. of the Criminal Code), “serious violation of the dignity of the Crown” (Article 108 of the Criminal Code), “serious violation of the general security of property and persons” (Article 168 of the Criminal Code), terrorism (Article 282b of the Criminal Code), capital murder and homicide. In practice, only the last two infractions have resulted in a life sentence.

There are specific prison facilities for life-sentenced prisoners

no

People serving life sentences are subject to a specific detention regime.

  • 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.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

Prisoners serving a life sentence may apply for a pardon (gratie) after serving 23 and a half years of the sentence. A dedicated Advisory Committee (Adviescollege Levenslanggestraften) then determines whether the applicant is eligible for rehabilitation, participation in activities with view to this rehabilitation, and qualification for temporary release(verlof). The Ministry of Justice and Security decides, on the advice of the Advisory Committee, whether or not to implement the proposed rehabilitation programme.

The Advisory Committee considers four criteria:

  • risk of recidivism (recurrence of a similar offence)

  • risk of re-offending (committing of a different offence)

  • applicant’s behaviour during his/her detention

  • consequences for the victims and their family, and the risk of reprisals (see Art. 4 of the Besluit Adviescollege Levenslanggestraften).

The Advisory Committee was established on 1 March 2017. Its investigation does not constitute review of the sentence. No release is possible before at least 25 years of detention.

In 2022, the Council for the Administration of Criminal Justice and Protection of Juveniles calls for sentence reductions for people serving life sentences to be examined by a court rather than by the Minister for Legal Protection. This change aims to better ensure an impartial and independent examination of sentence reductions.

Untried prisoners

Percentage of untried prisoners

45.2 % (4,253)
i
01/2021
/ Council of Europe, SPACE I – Report 2021, p. 49.

Variation in the number of untried prisoners

decrease

The number of untried prisoners decreases by 3,78 % between January 2020 (4 420)1 and January 2021 (4 253).

  1. Council of Europe, SPACE I, Report 2020, p. 50. ↩

Untried prisoners are separated from the convicted

yes

The law provides for release on bail for untried prisoners

no

The accused may appeal against their pre-trial detention Art. 69 of the Code of Criminal Procedure, CCP. He/she must go before the district court before a decision is made.

The accused is entitled to the free assistance from a lawyer Art. 43 of the CCP.

Untried prisoners do not benefit from any special detention regime in line with the presumption of innocence. There are fewer employment possibilities than in prisons for convicted prisoners, and access to conjugal visits or temporary release is very restricted.1

  1. Boone M., Jacobs P., Lindeman J., “DETOUR - Towards Pre-trial Detention as Ultimo Ratio, October 2016, p.3. ↩

  • 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.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

LGBTQI+ people

The prosecution or imprisonment of a person on the grounds of their sexual orientation or gender identity is banned

yes

LGBTQI+ persons are separated from other prisoners

at the prisoner’s request

The service offers all vulnerable prisoners the possibility to be placed in a dedicated unit or cell.

Assignment of transgender prisoners to a specific facility depends on

their biological sex

Transgender prisoners are entitled to customised searches

yes

Transgender prisoners benefit from specific health care

yes

Conjugal visits are allowed for LGBTQI+ prisoners

yes

Number and percentage of elderly prisoners

6.2 % (580)
i
2021
/ Ministry of Justice, Vergrijzing in detentie, p. 41.

The number of elderly prisoners increases by 18,37 % between 2020 (490) and 2021. The Ministry of Justice foresees that this number will considerably increase due to the increase in the elderly population in the Netherlands.

Persons with disabilities

The prison service keeps a record of prisoners with disabilities

no

Prison facilities are adapted to the needs of prisoners with disabilities

some facilities

  • In May 2022, the CPT noted that the extra security units at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA) and Centre for Detention and Correction Curaçao (SDKK) were not adapted for prisoners with reduced mobility. On 14 July 2022, the latter facility informed the CPT that two cells had been combined in order to accommodate prisoners in wheelchairs.

    i
    23/06/2023
    / Comité européen pour la prévention de la torture (CPT)

Disabled prisoners in need of support are assisted by fellow inmates, guards and nursing staff, employed by the prison service or otherwise.

Death penalty is abolished

yes, since 1952

The death penaltyis abolished since 1870 for common law crimes.