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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…
Security, order, and discipline
Security measures
Security functions are fulfilled by
the prison service
Some prison facilities, units or cells implement high-security measures
Article 13 of the Penitentiary Principles Act (Pbw) classifies facilities or wards into five security levels. Three of these provide for high-security measures.
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very high security (extra beveiligd) Extra Secure Units (Extra Beveiligde Inrichting - EBI) are intended for people considered to present an “extremely high” risk of escaping, continuing criminal activity or a social risk to public order or personal safety. In these facilities, prisoners spend approximately 21 hours per day in a cell. The ratio of guards to inmates is two to one. All visits and calls from inmates are monitored. Vught prison is the only facility with an EBI. The judicial complex in Vlissingen (JC Vlissingen), scheduled to open in 2030, will also have one.
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high security (uitgebreid beveiligd) Units for people identified as posing management problems (Beheersproblematische Gedetineerden - BPG) and anti-terrorist units (Terroristen Afdeling - TA) have the “high security” level.
Vught prison is the only facility with a BPG unit. It aims to provide a safe environment for people exhibiting violent or risky behavior towards themselves or others. They can spend up to 23 hours a day in their cells, and up to 18 hours a week outside their cells. Access to certain activities is possible under the strict supervision of staff. BPG prisoners are not allowed to work or study. In 2022, Vught BPG held 36 prisoners for a capacity of 48 places.1
TA units are reserved for persons accused or convicted of terrorism or considered “radicalised” by the prison service. The CPT reports that in 2022, the total capacity of the TA units was 70 places, divided between the prisons of Vught (46 places), De Schie (14 places) and Zwolle (10 places). The TA unit in Zwolle is reserved for women.2 Prisoners convicted of terrorism are not individually assessed. They are subjected to security measures that are considered excessive: invasive body searches, isolation, and placement under constant surveillance. These measures can be considered cruel, inhumane, and/or degrading treatment. However, the government has been implementing reforms to improve the treatment of these detainees since 2017. In particular, a risk-based assessment would be established.
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normal security (normal beveiligd)
People who represent a “high” risk of escaping, continuing criminal activity or a social risk to public order or personal safety may be placed in a “normal security” facility, but must be closely monitored.
Those at a “very high” risk are placed in one of ten “normal security” facilities with additional security and surveillance measures. Since 2020, these people may also be placed in intensive supervision sections (Afdeling Intensief Toezicht - AIT). These hold ten to fifteen prisoners, who do not come into contact with prisoners assigned to other sections. Four prisons currently have an AIT. Two new AITs are planned, at Sittard and Lelystad prisons.
In May 2022, the CPT noted that the highly restrictive regimes, as well as the security measures applied at the extra secure unit (EBI) and in some parts of the departments holding persons for terrorism (TA unit) and posing management problems (BNP unit) at Vught, had been reinforced and seemed excessive.3
On June 2, 2023, the Council of Ministers approved an amendment to the Penitentiary Principles Acts in order to enable additional measures against serious organised crime in detention. Significant restrictions were established regarding communication with the outside world for prisoners held in the extra secure unit (EBI) at Vught or in intensive supervision sections (AIT). The Minister for Legal Protection can ban communication options or contacts completely in the event of very serious risks to the safety of society. Visual monitoring is being established for conversations between prisoners and their solicitors. The proposal stipulates that each prisoner can communicate confidentially with a maximum of two solicitors.
Prisoners in the EBI, BPG and TA units in Vught Prison and Zwolle Prison under an ordinary regime are allowed one hour of visiting time and two to four ten-minute calls per week with friends and family. This contact is subject to constant supervision, and all conversations are recorded.
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 May 10 to 25, 2022”, 2023, p. 46. ↩
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 May 10 to 25, 2022”, 2023, p. 47. ↩
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 May 10 to 25, 2022”, 2023, p. 7. (in English) ↩
Prisoners are classified according to their supposed level of dangerousness
in most cases
Prisoners must be assessed upon arrival. They are placed in an facility or unit appropriate to their risk profile (Article 22 of the “Regulation on the Selection, Placement and Transfer of Prisoners” - Regeling selectie, plaatsing en overplaatsing van gedetineerden).
The officer in charge of assessment produces a risk profile for each prisoner on arrival. It takes into account the risk of escape and risk of conflict with other prisoners or staff. Prisoners are then placed in a specific unit based on this assessment.
The DJI sets out three levels of risk: “extreme”, “high” and “increased”. There are no official figures on the number of people in ultra-secure detention. The DJI states that the number is under 100.Approximately half of the detainees are considered to be “high” risk.
Prisoners placed in units for terrorism-related offences are not subject to prior assessment. The actual need for invasive security measures is not subject to assessment. In 2007 and 2017, the CPT criticised the Dutch Government for placing individuals in such units without prior assessment.
The classification of prisoners is revised
every six months (except in anti-terrorism units)
Every month, an Operational Consultation (Operationeel Overleg) convenes to discuss the status of prisoners who have been in the same category for six months. Their risk profile is re-evaluated to determine whether the prisoner’s status has changed.
Prisoners may request a reassessment of their status at any time via the Operational Consultation.
Placement in units for prisoners convicted of terrorism (TA) is subject to an annual review.
In May 2022, the CPT noted that prisoners under review felt constantly observed and lacked privacy.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. 48. ↩
Body searches involve pat-downs, strip searches and body cavity searches (Article 29 of the PBW).
Article 29, paragraph 3 of the PBW specifies that searches must be conducted in an enclosed space and, as far as possible, by persons of the same sex as the prisoner.
Prisoners are required to pass through a security gate which indicates whether or not a body search is necessary. Where premises are not equipped with these devices, such searches are carried out on a random basis.
EBI inmates are routinely strip searched before and after visits where no means of separation are used between the prisoner and their visitor.
In 2017, Amnesty International noted that strip searches were common in anti-terrorist wings. They were not conducted on a case-by-case basis. They were routine before and after visits in which no means of separation was used between the prisoner and their visitor. Inmates had come to accept the use of partitions to avoid being subjected to search searches.1 This procedure was relaxed in 2017, shortly before the publication of an Amnesty International report on Dutch detention facilities for prisoners convicted of terrorism.
All inmates are subject to a pat-down search before leaving the prison for a hearing and upon their return. Inmates in EBI and TA are subject to a full body search under the same conditions.
In May 2022, the CPT noted that strip searches were still being ordered by prison directors, despite earlier recommendations. 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.2
Amnesty International Netherlands and Open Society Foundations, “Inhuman and Unnecessary: Human Rights Violations in Dutch High-Security Prisons in the context of Counterterrorism”, October 2017, p. 8. ↩
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. 56, 79-80. ↩
All searches are logged in a register
no
Body cavity searches are conducted by a physician
Article 6.5 of the Prison Regulations (Regeling model huisregels penitentiaire inrichtingen) provides that body cavity searches shall be carried out by a doctor or, on his instructions, by nursing staff.
Any member of staff may make a decision to carry out a body cavity search.
Relatives who enter the prison are searched using the following methods
- electronic devices
- pat-downs
Relatives who enter the prison are searched using the following methods
- electronic devices
- pat-downs
The use of coercive methods must be recorded.
The prison directors can order the use of restraints on prisoners in solitary confinement for a maximum of 24 hours. This measure can be extended several times, each time for an additional 24 hours, after consultation by a doctor.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. 56. ↩
Security staff carry
no weapons
A special intervention unit is in charge of restoring order
The special intervention unit (Intern Bijstandsteam) acts on the decision of the facility director. According to observers, its work suffers from a lack of clarity, particularly in its internal structure, its methods of intervention, and its supervision.
Most members of the IBT are recruited from the supervisory staff. They all receive nine weeks of training in self-defence techniques.
Prisoners showing signs of radicalisation or who have been convicted of terrorism-related offences are placed in dedicated units (Terroristen Afdeling – TA), aimed at preventing proselytation. The first, established in September 2006, is located in Vught prison. The second, established in January 2007, is located at De Schie prison. The third, established in August 2020, is located at Zwolle prison. The ten-place Zwolle TA unit is reserved to women. In May 2022, the CPT noted that the capacity of the TA units had increased to 70.1
There is no official de-radicalisation policy. A number of experiments have taken place in recent years, such as spiritual guidance by chaplains. Their access to prisons is relatively new. They would previously be involved at the end of the sentence. Multidisciplinary, individualised reintegration programmes have been established for each prisoner. Several people, especially at Zwolle Prison, voiced a desire for additional de-radicalisation support.2
Specific psychological support is also offered.
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. 47. ↩
Ibid. ↩
Incidents
The prison service keeps record of incidents
Incidents are reported to the Ministry of Justice. The Supervisory Committee in each facility is informed of all incidents.
Number of escapes
0
The number of jailbreaks decreases by 100 % between January 2020 (321)1 and January 2021 (0).
Council of Europe, SPACE I, Report 2020, p. 117. ↩
Number of violent acts against prison staff
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According to the prison workers’ union FNV Overheid, there are no reliable statistics on the number of attacks on prison staff by prisoners because the recording of incidents is poorly organised. However, the union points out that the reduction in the number of custodial staff has increased the pressure and reduced the time staff can spend interacting with inmates.1
In its 2019 Annual Report, the Nationaal Preventie Mechanism (MNP) denounced the lack of personnel. Security is said to suffer. Staff members report an increase in assaults by prisoners. The violence is reported to occur mainly during transfers and placements in solitary confinement.
European Public Service Union,“Prison staff perspectives. An EPSU survey on the impact of the economic crisis on prisons“, p.15. ↩
Disciplinary regime
Breaches of discipline are clearly defined in writing
The different disciplinary sanctions are set out in Article 51 of the APP:
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placement in a disciplinary unit for up to two weeks
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suspension of visits for a maximum period of four weeks if the incident is related to the visitor(s)
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suspension of activities for a maximum of two weeks
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denial, cancellation or limitation of temporary release
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a fine not exceeding the equivalent of two weeks’ salary
Disciplinary offences are investigated
in most cases
The decision to apply a disciplinary sanction must be subject to an adversarial debate
yes
The inmate shall be questioned before any disciplinary sanction is applied (Article 57, paragraph 1 of the PBW).
Prisoners are allowed to be assisted by a lawyer
Legal aid and access to an interpreter is guaranteed by the PBW (Article 65, paragraphs 1 & 2)
The prison governor decides whether sanctions are imposed. (Article 40, paragraph 2 of the Pbw).
Prisoners may appeal against disciplinary sanctions
Appeals are made to the Complaints Committee (Article 56, paragraph 2 of the PBW). The inmate may appeal against the decision of the Committee (article 67, paragraph 3).
In May 2022, the CPT noted that Centre for Detention and Correction Curaçao (SDKK) and Point Blanche Prison in Sint Maarten had created logs for disciplinary sanctions since the CPT’s previous visit in 2014. The procedures were followed, and the person being sanctioned received a copy of the decision and could appeal the sanction.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, pp. 105, 124. ↩
Disciplinary sanctions can be imposed as a collective punishment
Solitary confinement
Solitary confinement can be used as
- punishment
- protection
- security measure
Solitary confinement can be imposed in cases of illness to prevent transmission.
In May 2022, the CPT noted that at Rotterdam Detention Centre, foreign prisoners were often and routinely placed in solitary confinement.1
Isolation was used as a protective measure 3,236 times in 2022. The living conditions in isolation are the same, regardless of whether it serves as a protective measure or as a disciplinary action.2
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. 35. ↩
Solitary confinement, “‘iso’: perspectives on prison isolation in the Netherlands”, 2023, pp. 7, 19. ↩
Solitary confinement is decided
- by the prison governor
- at the request of the prisoner
Placement in solitary confinement is decided by the prison governor in line with Article 24, paragraph 1 of the PBW. Other members of staff may make this decision in cases of emergency. In such cases, the measure may not exceed 15 hours (paragraph 4).
An inmate may also request to be placed in solitary confinement if they fear for their safety.
The duration for placement in solitary confinement is limited
yes, two weeks
As of May 2023, 32.2% (or 109 out of a total of 339) of isolation cells were occupied. It is common for prisoners to be placed in isolation right in their own cells. In terms of duration, 22% of those isolated stay for one to four days, 42% for five to eight days, 12% for nine to thirteen days, and 24% are kept in isolation for up to 14 days, the maximum permitted duration.1
Solitary confinement, “‘iso’: perspectives on prison isolation in the Netherlands”, 2023, pp. 7, 19. ↩
Solitary confinement can be extended
yes
there is no statutory limit on extending solitary confinement.
Prisoners in solitary confinement receive regular medical care
The prison governor shall ensure that the Supervisory Committee and a doctor are informed of transfers to solitary confinement for durations exceeding 24 hours (Article 24, paragraph 6 of the PBW). A doctor or nurse is required to visit the isolated prisoner daily. In cases where confinement was imposed for purposes of protection, a psychologist visits the isolated prisoner on a regular basis.
In May 2022, the CPT noted that the medical staff visited prisoners in solitary confinement every two to three days.1
Confidentiality during medical visits for individuals in isolation was not always properly respected.2
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. 55, 81. ↩
Solitary confinement, “‘iso’: perspectives on prison isolation in the Netherlands”, 2023, p. 7. ↩
Solitary confinement is implemented in a specific unit or facility (Article 24, paragraph 2, of the PBW). The CPT notes that solitary confinement for medical reasons is carried out in the same cells as disciplinary isolation. The CPT reports that this practice can lead to confusion in the minds of prisoners as to the reason for their placement in isolation.1
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.2
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 were not ventilated.
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.3
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. 27. ↩
Solitary confinement, “‘iso’: perspectives on prison isolation in the Netherlands”, 2023, pp. 7-9, 31. ↩
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. 55, 77, 106, 119. ↩
Prisoners placed in solitary confinement are given at least one hour access to fresh air per day (Article 49, paragraph 3 of the PBW).
Contact with other prisoners is very limited and supervised.
Prisoners in solitary confinement do not participate in activities or work, unless special permission is granted by the governor (Article 24, paragraph 2, of the PBW).
No efforts toward rehabilitation or reintegration are undertaken for individuals held in isolation cells.
In some facilities, prisoners have access to blackboards, with chalk available upon request.1
Solitary confinement, “‘iso’: perspectives on prison isolation in the Netherlands”, 2023, pp. 7,9. ↩
Prisoners in solitary confinement have the right to a weekly visit.