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

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

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.

The different disciplinary sanctions are set out in Article 51 of the APP:

• placement in a disciplinary unit for up to two weeks

• suspension of visits for a maximum period of four weeks if the incident is related to the visitor(s)

• suspension of activities for a maximum of two weeks

• denial, cancellation or limitation of temporary release

• a fine not exceeding the equivalent of two weeks’ salary

The prison governor decides whether sanctions are imposed. (Article 40, paragraph 2 of the Pbw).

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

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

Prisoners in solitary confinement have the right to a weekly visit.