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Netherlands
Capital city — Amsterdam
Country population
i2021Incarceration rate (per 100,000 inhabit…
i31/01/2021/ Council of Europe, SPACE I – Report 2021, p. 32.Type of government
Human Development Index
0.941(10/191)
iHomicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
i31/01/2021/ Council of Europe, SPACE I – Report 2021, p. 32.Average length of imprisonment (in mont…
i2021/ Council of Europe, SPACE I – Report 2021, p. 124.Prison density
i31/01/2021/ Council of Europe, SPACE I – Report 2021, p. 77.Total number of prison facilities
i2021An NPM has been established
Female prisoners
i01/2021/ Council of Europe, SPACE I – Report 2021, p. 45.Incarcerated minors
i09/2018Percentage of untried prisoners
i01/2021/ Council of Europe, SPACE I – Report 2021, p. 49.Death penalty is abolished
yes, since 1952The death penalty…
Health
Organisation of health care
Ministry in charge
Ministry of Justice
Every prison facility has a health care unit
In May 2022, the CPT noted that at Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), the medical unit had appropriate equipment but was poorly ventilated and too small, and water leaked in through the ceiling.
At Point Blanche Prison in Sint Maarten, medical equipment was lacking: there was no defibrillator, no sterile material, and no dental chair.1
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, p. 77. ↩
Number of medical staff (FTE)
335
The number of medical staff (FTE) increases by 4,36 % between January 2020 (321)1 and January 2021 (335).
In May 2022, the CPT noted that healthcare staffing levels were adequate in the three prisons it visited (Dordrecht, Vught, Zwolle). Doctors were available Monday to Friday from 8:00 a.m. to 5:00 p.m., with consultations organised in the morning. After 5:00 p.m. and on the weekends, an on-call service was in place. Prisoners had easy access to healthcare staff. They could call them for free to set up appointments. Persons in the EBI, BPG and TA units at Vught Prison complained of the significant delays to see outside specialists.
At Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), the number of medical personnel had decreased since the CPT’s previous visit in 2014. One doctor visited the prison three times per week, and two nurses were on site on weekdays from 8:00 a.m. to 2:00 p.m. The rest of the time, the medical team was on call. No dental consultations had taken place at the prison for over a year, and prisoners had to be transferred to receive treatment.
At Centre for Detention and Correction Curaçao (SDKK), healthcare staff was lacking. Three doctors worked on rotation from Monday to Friday, for two hours per day. Six posts for nurses were vacant, and two nurses were present every day from 7:00 a.m. to 3:00 p.m. A dentist was on site for four hours once per week. No psychologists were present, and the psychiatrist was only on site for six hours per week to consult the general prison population.
At Point Blanche Prison in Sint Maarten, a doctor visited the facility once every two or three weeks for two hours. At least one nurse was always present.2
Council of Europe, SPACE I, Report 2020, p. 83. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 50, 76, 100-101. ↩
Access to health care
Health care is free
Prisoners may also consult a doctor of their choice, at their own expense (Article 42 of the PBW).
A medical examination is performed upon admission
The medical examination is carried out by a team formed of authorised psychiatrists, psychologists, doctors and nurses. The team assesses whether any care is needed and whether placement in the institution’s psychiatric care unit or in a specialised penitentiary facility is required.
Screening for tuberculosis is carried out on a routine basis. A chest x-ray is taken for high-risk inmates.1
In May 2022, the CPT noted that the medical screening was performed by a nurse within 24 hours of admission. Prisoners filled out a questionnaire on medical conditions that could be relevant to them, including the risk of suicide. Telephone interpretation was possible for foreign nationals. At Vught Prison and Dordrecht Prison, foreign prisoners complained that they had not received important information in a language they could understand.
Healthcare staffing was lacking in the three prisons it visited in Aruba, Curaçao and Sint Maarten. Prisoners were not systematically medically screened upon admission.
At Aruba Correctional Institution (Korrectie Instituut Aruba – KIA), Centre for Detention and Correction Curaçao (SDKK) and Point Blanche Prison in Sint Maarten injuries were not recorded. The examinations were not gender specific and did not account for sexual abuse or gender-based violence. The examinations did not respect medical confidentiality, as they were always carried out in the presence of prison staff.2
Eveline Thoonen, “Death in State Custody”, Maklu Uitgevers N.V, 2017, p.182. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 9, 50, 57, 77, 101, 121. ↩
A medical file is opened upon admission
Prior to the first medical examination, prisoners must complete a form in which they detail, for example, any medical treatment that they receive a regular basis.
Prisoners can access health care units after
a written request
Every morning, the nursing staff pre-select the inmates who will be seen by the doctor that day.
Medical examinations are carried out on a confidential basis
yes
Dutch disciplinary case law ensures continuity of care throughout the period of detention.[^care]
Specialised care is also provided. A dentist for example, is present in each facility.
Physical health care
There is no specific data on HIV/AIDS, syphilis, chlamydia, hepatitis B and C or the co-infection of tuberculosis and HIV (TB-HIV). The prevalence of any given disease can therefore not be established.
In 2016, the number of arrivals tested, who were either born or who had been convicted within the last five years in a country particularly affected by tuberculosis1, was 12,222. Thirteen tested positive.
more than 10 cases per 100,000 people ↩
Testing for HIV, hepatitis B and C, and sexually transmitted infections (STIs) is available in all facilities. These tests are not mandatory.
Infectious diseases other than tuberculosis are not routinely screened for. Only tests for tuberculosis are regularly carried out.1.
Council of Europe, “Report to the Government of the Netherlands on the visit to the Netherlands from 2 to 13 May 2016”, January 2017, p.28. ↩
Measures are taken to prevent communicable or epidemic diseases. Vaccination against hepatitis B is available to men who having homosexual relations.
Risk reduction measures include free access to condoms. Needle exchange programs, deemed “unnecessary”, are not offered.
Mental health care
Prison facilities
When a mental disorder is identified in a person entering detention, an individual psychiatric treatment plan must be drawn up within ten days of arrival. 1 Outpatient care is provided.
Prisoners with serious mental disorders can be placed in ‘extra care units’ (Extra Zorgvoorziening, EZV), which are present in every prison. Placement is by decision of the head of the institution. The waiting time for placement is very long.
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.2
Dedicated psychiatric facilities
Persons suffering from a mental disorder at the time of the offence should, by law, not be subject to a sentence but to an obligation of care called “government disposal” (TBS).
They can be placed in three types of institutions:
- A Penitentiary Psychiatric Center (PPC), if they refuse treatment or if the “security risk” they pose is deemed high3.
- A forensic psychiatric centre (Forensisch Psychiatrisch Centrum, FPC), if they suffer from major psychiatric disorders (such as schizophrenia).
- A forensic psychiatric clinic (Forensisch Psychiatrische Klinieken, FPK), if they pose a lesser risk. Their consent to treatment is required. A detainee can only be transferred there if he or she is released on parole. The FPKs are the only specialised institutions under the control of the Ministry of Health.
Persons with mental disorders can be placed in a prison if the specialised institutions lack space.
Prisoners may be transferred from prisons to a specialised institution if their state of health and the “security risk” require it.
The Caribbean Overseas Territories do not have specialised facilities for people with mental health problems. People are transferred to the mainland or remain in prison.
Vulnerable care units (FOBA in Curaçao, IBA in Aruba) accommodate detainees requiring psychiatric care. The CPT highlights the deplorable living conditions at the IBA in Aruba: the cells are not maintained and no activities are offered to the detainees, who are usually left without care. It warns that this situation is inadequate to meet the needs of the detainees in this unit.4 In May 2022, the CPT noted that Curaçao FOBA unit, which has a capacity of 21, was holding 19 men. The cells were 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 was available, and few activities were offered.5
General Psychiatric Hospitals
Patients are transferred to a psychiatric hospital if their condition requires special treatment.
General psychiatric hospitals may also receive detained persons in an emergency if they present a serious danger to themselves or others.
Scientific Research and Documentation Centre (WODC), Trajectories of Forensic Care in the Prison System, 2016, p. 32. (in Dutch) ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 9, 50, 77, 102, 104. ↩
Council of Europe, Report to the Government of the Netherlands on the visit from 2 to 13 May 2016, 2017, p. 30. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Dutch Government on the visit carried out from 2 to 13 May 2016, 2017, p. 46. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 9, 50, 77, 102, 104. ↩
Prison facilities
Prison facilities must have on duty at all times, a psychiatrist as well as nursing staff with sufficient psychiatric training.
The guards assigned to the dedicated units (EZVs) within prisons receive training in patient care. The CPT observes that “they work in cooperation with psychologists and social workers”. The staff/prisoner ratio here is higher than elsewhere1.
In May 2022, the CPT noted that there were sufficient psychologists and psychiatrists to meet the needs of the prison population at the three prisons visited (Dordrecht, Vught, Zolle). A psychiatrist is present 10 to 20 times a year at Point Blanche prison in Sint Maarten and twice a week at the Aruban Correctional Institution (Korrectie Instituut Aruba - KIA).2
Dedicated psychiatric facilities
In 2016, the staff of psychiatric prisons (PPC) comprised 94 prison officers with two years’ training in psychiatric care and 18 psychiatric nurses. The care team included 11 psychologists and two social psychiatric nurses3.
Forensic psychiatric centres (FPC) do not have prison guards. Staff is trained in security. Psychologists and psychiatrists are trained in caring for prisoners. Nurses, trained as social workers or socio-therapists, provide socio-therapeutic follow-up for patients. Additional training courses are offered every year, for example in aggression management.
In May 2022, the CPT noted that the FOBA unit 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 FOBA unit. 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.4
Council of Europe, “Report to the Government of the Netherlands on the visit to the Netherlands carried out from 2 to 13 May 2016”, January 2017, p.24 . ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 50, 76, 123. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 2 to 13 May 2016”, 2017, p. 40. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), “Report to the Government of the Netherlands on the periodic visit carried out from 10 to 25 May 2022”, 2023, pp. 9, 76, 102, 123. ↩
Prisoners with drug addictions, whether on remand or convicted, have access to substitution treatment. Guidelines for the prevention of drug-related deaths are issued to facilities.
Prisoners with addictions are generally placed in centres dedicated to detoxification. They may also be admitted to specialized facilities such as PPC, FPC or FPK if they also suffer from psychological disorders. They benefit from methadone substitution treatment or long-term withdrawal therapy.
Product-dependent prisoners of Curaçao prison can access consultations at a dedicated addiction treatment centre outside the prison.
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.[^cpt]