Prisoners' Rights by Susan Easton

Author:Susan Easton [Easton, Susan]
Language: eng
Format: epub
Tags: Social Science, Criminology
ISBN: 9781136817052
Google: IMMenmFcaxsC
Publisher: Taylor & Francis
Published: 2011-03-10T04:15:36+00:00

Procedural justice in the Netherlands

In the Netherlands there is also a well-established system of complaints. Prisoners have access to an independent complaints committee from which they can then appeal to a central body, and these bodies make decisions which affect not only the complainants individually but affect prisoners more generally in providing a source of standards and recommendations. The original Dutch penitentiary law was found in the Dutch Prison Act 1886 and Rules published under the Act. The system was reformed after the war by the 1953 Principles of Prison Administration Act which set up a Central Board for the Administration of Criminal Justice to give advice to the Ministry of Justice. This role is now performed by the Council for the Administration of Criminal Justice and the Protection of Juveniles. The 1953 Act also allowed prisoners to appeal against selection and transfers, which gave concessions to prisoners decades in advance of those given to prisoners in England Wales and which in some cases have yet to be secured.

In 1977 the Prison Act was amended giving prisoners the formal right to complain about disciplinary punishments imposed by the Director, as well as interference with correspondence or visits, and any other measures taken by Director which infringe prisoners’ rights under the Prison Rules. Prisoners also were given the right to complain about other aspects of their detention in 1977. Downes found that the procedures to deal with grievances in Dutch prisons in the 1980s were more transparent and effective than in England and Wales (Downes 1988). Despite recent pressures on the system, it is fair to say that the Dutch complaints and appeals procedure is still well regarded. The current procedures are found in the 1999 Penitentiary Principles Act and prison directors are bound by this Act. The Act allows considerable room for mediation to resolve complaints.

Complaints are sent to the Complaints Committee, elected by the Minister of the Supervision Board, and both the Director and the prisoner can appeal against their decision. Complaints should be made within seven days of the incident. So prisoners can complain about being sent to a particular prison or being transferred to a particular institution (Tak 2008). As well as complaints over disciplinary sanctions, they can complain over refusals relating to prison visits, controls on letters, or any measures which breach the prisoner’s statutory rights. Complaints should be made in writing within one week of receiving the decision and the Committee should respond within four weeks. The Complaints Committee meets in private and both parties can give their views to the Committee in person and the prisoner has the right to legal assistance, if required. If the Committee finds in the prisoner’s favour it can quash the decision, order the Director to take a new decision, reject a complaint, or award compensation. Appeals against the Committee’s decision may be made by either party to the Appeal Committee of the Council for the Administration of Criminal Justice and Youth Protection. There are different Appeal Boards for

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