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).

Women can also be incarcerated in special wards within men’s prisons, under similar material conditions. In May 2022, the CPT noted 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.¹

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.

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 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).

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.¹

The daily schedule in JJIs 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. In April 2023, an alternative day programme is put in place. It scales back on activities and requires less staff than the current setup.

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 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.

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.

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.¹

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.

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

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.²

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