The psychological state of the prisoners is considered for the cell assignment.

In 2022, a Jewish prisoner in the Roermond prison was placed in a cell with other prisoners without access to a separate microwave to ensure his food is kosher. In addition, he is a non-smoker but was assigned to a cell with smokers. According to prison management, cell transfers are reserved for “compelling medical or psychological” reasons. The prisoner felt the circumstances of his situation were not taken into account and filed a complaint. The Appeals Committee of the Council for the Administration of Criminal Justice (RSJ) ruled in his favour.

Admission staff are trained to identify prisoners at risk of harming themselves or others. They must report these prisoners to all departments during weekly meetings. At-risk prisoners are visited by a nurse and a psychologist.

Prison staff draw up an individual sentence programme for each prisoner.
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. This plan sets out the organisation of daily life: work, recreational and sports activities, learning, and visits. Prisoners usually work for half of the day. The other half is devoted to other activities. 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.¹

Prisoners may receive visits from their lawyers on any working day. The visit must be scheduled at least one day in advance (Article 3.8.2 of the Internal Regulations of Penitentiary Institutions).
Prisoners are not permitted to receive visits from their lawyers during hours of work, unless there is an emergency or special permission is granted by the governor. Visitation time during working hours is exempt from remuneration.

In May 2023, 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. However, the amendment also provides for each prisoner to communicate confidentially with a maximum of two solicitors.

The prison governor informs the deceased’s relatives as soon as possible.

The governor is required to discuss administrative matters related to the death with the next of kin. The governor also grants them access to the place of death.
The chaplain of the prison makes him/herself available for the deceased’s next of kin.

The principal policies implemented to prevent abuse are:

• training of prison staff
• possibility of lodging a complaint with an independent body (Supervisory Committee)
• continual access to a lawyer

In accordance with the Istanbul Protocol, medical staff undergo training to identify signs of torture or ill-treatment. According to the testimonies of medical staff gathered by a delegation from the European Committee for the Prevention of Torture (CPT) in 2016, cases of traumatic injuries are not duly recorded.

For information about complaint procedures, see the section “Complaints”

For more information about international monitoring, see section “NPM and other external control bodies”.

Articles 60 and 61 of the PBW provide for the right to file a complaint against any decision made by or on behalf of the facility director.
There are no formal requirements for the complaint. Any identifiable written material is treated accordingly. It must be filed within seven days of the disputed decision. The complaint may be written in Dutch or in any other language (Article 61 of the PBW).
Standard procedure guarantees confidentiality: prisoners file their complaints in dedicated mailboxes, accessible only to the Complaints Committee. The committee can then raise issues with prison management teams. In May 2022, the CPT noted that this system functioned 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.¹
The complainant may be assisted by a lawyer at no cost.

The Complaints Committee (Beklagcommissie) is the specialised body for receiving complaints. It is appointed by the Supervisory Committee (Beklagcommissie van Toezicht) (see “National preventive mechanisms and other external control bodies”).
The Complaints Committee consists of three members of the Supervisory Committee and a secretary (Article 62 of the PBW). The chairman is ideally a magistrate.
The Complaints Committee may order the implementation of certain measures, conflict resolution, or the awarding of compensation.

Inmates and the prison service may appeal against the decisions of the Complaints Committee. The appeal must be lodged within seven days of the decision. It is handled by the Appeals Committee (Beroepscommissie) of the Council for the Application of Criminal Law and Youth Protection (Raad voor Strafrechtstoepassing en Jeugdbescherming).

The Dutch complaints procedure is considered by some experts to be an effective remedy for inmates’ grievances.¹ It is one of the few complaint mechanisms that are regarded highly by the European Court of Human Rights and the CPT. Prisoners are, however, constrained by the short time limit for lodging complaints.

The 2021 annual report of the supervisory committee for the Nieuwegein facility (Utrecht) noted that a complaints officer has been appointed. A programme has been implemented to monitor the number of complaints and the role of the complaints officer.²

The Complaints Committee may refer a complaint to the Supervisory Committee. The complaint is then dealt with more formally, with the Supervisory Committee acting as a mediator between the prisoner and the head of the facility (Article 63 of the PBW).

Each facility has a Supervisory Committee (Commissie van Toezicht). This is made up of members of the public, and must “enable supervision by persons outside the prison, offering the outside world a view of the entire facility”¹.

It participates in NPM meetings as an ‘associate’. Each committee submits an annual report with the most significant observations.²

The Netherlands Institute of Human Rights (Studie- en Informatiecentrum Mensenrechten, SIM) also monitors conditions of detention.

Sentence adjustment
The Public Prosecutor’s Office is responsible for decisions on sentence adjustment. The judge and the facility director have residual jurisdiction in this matter.

Temporary release
The Public Prosecutor’s Office may be consulted on the temporary release of inmates. The final decision is made by the prison management.

Retraction of alternative sentences
The public prosecutor’s office may decide on incarceration if alternative measures, such as community service, are not adequately executed.

Temporary release is granted in accordance with the length of the sentence.
It is arranged by the governor at the point of incarceration and is spread over the entire length of the sentence. The maximum frequency is once a month. Each release is limited to 52 hours.
Prisoners may be granted temporary release, for good behaviour, at Easter, Pentecost, Christmas and New Year.
Temporary release is also granted for personal reasons (birth, illness, death of a close relative; specialised medical care; preparation for release, job interviews, education or training). In such instances, temporary release may be supervised (Article 21 of the EAA).

Royal pardons are regulated by a law (Gratiewet).

Article 2 provides two grounds for pardon:

• The court did not take into account circumstances that would have justified a different sentence or no sentence at all
• Execution of the sentence no longer serves the purpose for which it was issued

Pardons may lead to partial or total reduction of the sentence, to its suspension or a transfer to an alternative measure.
The prisoner, a family member, his/her lawyer or a member of the parole staff may apply for a pardon.