Penitentiary Principles Act of Netherlands (1998) (English)
THE NETHERLANDS
PENITENTIARY PRINCIPLES ACT
(Source : text provided by Penal Reform International)
CHAPTER I. TERMS AND DEFINITIONS
Article 1
For the purposes of this Act and the provisions contained therein:
a. Our Minister shall mean our Minister of Justice;
b. institution shall mean a penitentiary institution as referred to in Article 3, paragraph 1;
c. wing shall mean a wing in an institution as referred to in Article 8, paragraph 2;
d. governor shall mean the person referred to in Article 3, paragraph 3, as well as his deputy or
deputies referred to in Article 3, paragraph 4
e. prisoner shall mean a person serving a custodial sentence or detention order;
f. officer or employee shall mean a person performing a task in the framework of the carrying out of a custodial sentence or detention order;
g. selection officer shall mean a person charged with the placing and transfer of prisoners as referred to in Article 15, paragraph 3;
h. probation officer shall mean a probation officer as referred to in Article 6, paragraph 1, of the Probation and After-Care Regulation 1995;
1. legal aid provider shall mean the lawyer or the employee of the foundation referred to in Article 22, paragraph 1, of the Legal Aid Act;
j. Prisons Section shall mean the Prisons Section of the Central Council for the Execution of Criminal Law;
k. Supervisory Committee shall mean a committee as referred to in Article 7, paragraph 1;
1. Complaints Committee shall mean a committee as referred to in Article 62, paragraph 1;
m. Appeals Committee shall mean a Committee as referred to in Article 69, paragraph 2;
n. cell shall mean the accommodation assigned to a prisoner by the governor pursuant to Article 16, paragraph 2;
o. penitentiary programme shall mean a programme as referred to in Article 4;
p. prison rules shall mean the rules as referred to in Article 5, paragraph 1;
q. regime shall mean the system of care and activities referred to in Chapter VIII and the
rules that apply to prisoners in an institution or wing;
r. activities shall mean activities as referred to in Chapter VIll;
s. custodial sentence shall mean a sentence of imprisonment, (alternative) detention, military detention, and (alternative) juvenile detention;
t. detention order shall mean pre-trial detention, custody of aliens, imprisonment for debt, hospital order, and deprivation of liberty on other grounds than those mentioned in Article 1s; u. remaining sentence shall mean that part of a custodial sentence or combination of such sentences still to be served on the basis of the application of early release in accordance
with the relevant statutory regulations;
v. good behaviour shall mean the conduct and attitude of a prisoner, in particular the way in which he has used the light to participate in the work offered by the institution or through other comparable activities in the institution, with which he demonstrates his fitness to return to society.
CHAPTER II. PURPOSE, MANAGEMENT AND SUPERVISION
Article 2
1. If not determined otherwise by law, a custodial sentence or detention order shall be carried out by placing the person on which it is imposed in a penitentiary institution or by his participation in a penitentiary programme.
2. While maintaining the character of the custodial sentence or detention order, the carrying out thereof shall be aimed at preparing the person involved as much as possible for reintegration in the community.
3. Custodial sentences or detention orders shall be carried out as soon as possible after imposition of the sentence or issue of the order.
4. Persons sentenced or detained with a view to the carrying out of a custodial sentence or detention order shall not be subjected to any other restriction than those necessary to achieve the aim of the deprivation of liberty or to maintain order or safety in the institution.
Article 3
1. Penitentiary institutions shall be designated as such by Our Minister.
2. The supreme management of institutions shall be entrusted to Our Minister. Our Minister may issue mandates to the head of the Custodial Institutions Service concerning the execution thereof as well as concerning other powers conferred on him under this Act.
3. The management of an institution or wing shall be entrusted to the governor designated as such by our Minister.
4. Our Minister shall designate one or more persons as deputies of the governor.
5. Further rules shall be established by order in council concerning the management of and the regime in an institution.
Article 4
1. A penitentiary programme shall be a system of activities participated in by persons with a view to the further carrying out of the custodial sentence or detention order imposed on or issued for them in continuance of their stay in an institution and which is recognised as such by Our Minister.
2. A prisoner shall be eligible for participation in a penitentiary programme only if:
a. he is irrevocably given a custodial sentence of which the part to be unconditionally carded out has a minimum duration of one year;
b. he has served at least half of the custodial sentence imposed an him; and
c. the part_of the custodial sentence that he must still serve has a minimum duration of six weeks -and a maximum duration -of one year.
3. Further rules shall be established by order in council, which in any event refer to the content of, the conditions for and the supervision of participation, the consequences of non- compliance with the conditions, and the legal position of the participants in a penitentiary programme.
4. An order in council issued under paragraph 3 shall come into force no sooner than eight weeks after the date of issue of the Bulletin of Acts, Orders and Decrees in which it is published. Both chambers of the States General shall be immediately notified of the publication.
5. Subject to paragraph 2 and the rules pursuant to paragraph 3, Our Minister may
recognise a penitentiary programme as such and determine which prisoners are eligible for participation.
Article 5
1. The governor shall establish the prison rules for the institution or wing, supplementary to the rules given under this Act and subject to the model established by Our Minister wit 1h respect to that and the instructions given by him.
2. Save for the powers referred to in paragraphs 1 and 4, the governor may empower officers and employees to exercise the powers granted to him under this Act and to fulfil his care duties.
3. The governor shall have the power to issue orders to the prisoners if this is necessary in the interest of maintaining order or safety in the institution or in the interest of an undisturbed carrying out of the deprivation of liberty. The prisoners shall be obliged to obey these orders.
4. The governor may take a decision concerning:
a. accommodation of a child in the institution, referred to in Article 12, paragraphs 2 and 5;
b. exclusion from participation in activities and the prolongation thereof, referred to in Article 23, paragraphs la and b, and Article 23, paragraph 2;
c. placing in solitary confinement and the prolongation thereof, referred to in Article 24, paragraph 1, on the grounds of Article 23, paragraphs 1a and b, and Article 24, paragraph 3, respectively, and for the purposes of Article 25;
d. the restriction and the cancellation of leave, referred to in Article 26, paragraph 3;
e. the internal examination of the body, referred to in Article 31;
f. the submitting to a medical intervention, referred to in Article 32;
g. the application of mechanical devices and the prolongation thereof, referred to in Article 33, paragraph 1 and 3, respectively;
h. the imposition of a disciplinary punishment referred to in Article 51, and the application of Articles 52, first and second paragraph, and 53, third and fourth paragraphs.
Article 6
The duties of the prisons section shall be:
a. to supervise the enforcement of custodial sentences in penal institutions, as referred to in
article 1, paragraph 1;
b. to advise Our Minister in matter relating to paragraph 1 (a);
c. to arrange for the processing of notices of appeal pursuant to chapter XII and XIll.
Article 7
1. Our Minister shall appoint a Supervisory Committee for each prison or wing.
2. The duties of this supervisory committee shall be:
a. to oversee the enforcement of custodial sentences in the prison or wing;
b. to take cognizance of any complaints lodged by prisoners;
c. to arrange for complaints to be dealt with pursuant to the provisions of chapter XI;
d. to advise and inform Our Minister, the pn'sons section and the prison governor on matters
relating to subparagraph 2 (a).
3. The Supervisory Committee shall maintain regular and personal contact with prisoners to
ensure that it is acqainted with their wishes and needs. Each member of the Committee shall act as visiting officer on a monthly rota basis.
4. Rules shall be laid down by order in council governing the powers, composition an
working methods of the Committee and the appointment and dismissal of its members, and the duties of the visiting officer referred to in paragraph 3.
CHAPTER Ill. DESIGNATION
Article 8
1. Our Minister shall determine the designation of each institution or wing pursuant to Articles 9 to 14 and shall make the rules concerning the placing and transfer of the prisoners.
2. Our Minister may designate parts of an institution as a wing with a separate designation
Article 9
1. Institutions shall be distinguished into remand centres and prisons. In special cases Our Minister may designate and institution as both a remand centre and a prison.
2. The following persons may be placed in remand centres:
a. persons for which an order for pre-trial detention has been issued;
b. persons serving a custodial sentence if their remaining sentence has a duration of less than three months when the sentence becomes irrevocable,;
c. persons serving a custodial sentence and awaiting placement in a prison or participation in a penitentiary programme;
d. aliens in custody;
e. persons imprisoned for debt;
f. persons under a hospital order as referred to in Articles 37b and 38c of the Criminal Code for as long as admission to the place assigned to them proves impossible;
g. all other persons lawfully deprived of their liberty pursuant to a court decision or order or
by public authority if no other place has been assigned to them or for as long as admission
to the place assigned to them proves impossible.
3. Our Minister shall designate in each district at least one institution as a remand centre.
Article 10
1. Prisons shall be used for the committal of persons with a custodial sentence. Persons with a sentence of imprisonment that are also under a hospital order may remain in a prison after the end of the custodial sentence for as long as admission to the place assigned to them proves impossible.
2. In special cases, imprisonment for debt as referred to in Article 28 of the Traffic Regulations Administrative Enforcement Act may be carried out in a prison.
3. Prisons may, in accordance with rules to be created by order in council, be distinguished according to the length of the sentence or the remaining sentence of the persons with a custodial sentence to be committed to them.
Article 11
1. Male and female prisoners-shall be accommodated separately.
2. Our Minister shall designate institutions or wings as exclusively intended for accommodating female prisoners.
3. Our Minister may designate institutions or wings as places in which paragraph 1 is deviated from because they are used for purposes of special committal as referred to in Article 14.
4. The governor may give prisoners of the opposite sex staying in the same institution the opportunity to participate jointly in activities.
Article 12
1. Our Minister shall designate institutions or wings as places in which children up to an age indicated in the instructions may be accommodated.
2. In the event a prisoner desires to have a child stay in the institution or wing referred to in paragraph 1 in order to care for and raise it there, he shall require the governors approval.
The governor may give this approval if the child's stay is compatible with the following interests:
a. the protection of the child's personal safety or mental or physical development;
b. the maintenance of order or safety in the institution.
3. The governor may attach conditions to the approval with a view to an interest as referred to in paragraph 2.
4. The governor may seek the advice of the Child Welfare Council concerning his decision to accommodate a child in the institution or wing.
5. The governor may withdraw the approval if this is necessary in view of an interest as referred to in paragraph 2 or if the prisoner fails to fulfil a specific condition. If the governor deems a further inquiry necessary, he may call in the assistance of the Child Welfare
Council.
6. The governor shall be obliged to withdraw the approval if the child's stay in the institution
is contrary to any decision concerning authority over the child.
7. Further rules concerning the accommodation of children in the institution shall be laid
down in the prison rules.
8. The costs of care of the child shall be for the State's account if the prisoner cannot pay these costs himself.
Article 13
1. Institutions or wings thereof may, depending on the degree of security, be distinguished and designated as follows:
a. very limited security;
b. limited security;
c. normal security;
d. extensive security;
e. extra security.
2. With respect to each institution or wing, Our Minister shall determine the degree of security referred to in paragraph 1.
3. Our Minister shall determine the criteria that prisoners must satisfy to be eligible for placing in an institution or wing as referred to in paragraph 1.
Article 14
1. Institutions and wings thereof may be designated by Our Minister as places for accommodating prisoners that require special committal.
2. The special committal referred to in paragraph 1 may be in connection with the age, personality, or physical or mental state of health of the prisoners as well as the offence for which they have been confined.
3. Our Minister shall determine the criteria that prisoners must satisfy to be eligible for placing in an institution or wing as referred to in paragraph 1.
CHAPTER IV. SELECTION AND SELECTION PROCEDURE
Section 1. Placing and transfer
Article 15
1. Persons with a custodial sentence or under a detention order shall be placed in an institution or wing or transferred to an institution or wing in conformity with the purpose thereof pursuant to Chapter Ill. The stipulations regarding designation may be deviated from depending on the person in question. If a person is eligible for placing in more than one institution or wing, this shall occur subject to the provisions of Article 2, paragraphs 2, 3 and 4.
2. Prisoners eligible for it under Article 4, paragraph 5, may be offered the opportunity to participate in a penitentiary programme. In the event the conditions for participation referred to in Article 4, paragraph 3, are not fulfilled, the participation may be terminated.
3. Selection officials designated as such by Our Minister shall be charged with the placing and transfer referred to in paragraph 1 and the decisions referred to in paragraph 2. These shall have the authority to order the transfer of persons to the institution or wing assigned to them or for the purpose of participation in the penitentiary programme assigned to them or termination thereof. They may effect the transfer by means of officers or employees designated for that purpose. They shall, moreover, be authorised to decide whether an individual prisoner has demonstrated good behaviour, this being grounds for allowing the prisoner to participate in a penitentiary programme once the conditions referred to in Article 4, paragraph 2b and c, have been fulfilled.
4. In the decisions referred to in paragraphs 1 and 2, the selection officers shall take into account the instructions of the public prosecutor and of the authorities that have imposed the punishment or measure.
5. In the event a prisoner has a poor development or pathological disturbance, the selection officer may determine whether the prisoner should be transferred to a psychiatric hospital as referred to in Article 1 h of the Psychiatric Hospitals Compulsory Admission Act in order to be treated there for as long as necessary.
6. Our Minister shall establish further rules concerning the placing and transfer and conveyance referred to in paragraph 1 and 5, respectively.
Article 16
1. The governor shall determine the manner of accommodation of prisoners placed pursuant to Article 15 in the institution or wing with whose management he is charged.
2. The governor shall assign a cell accommodation to each prisoner, subject to the
provisions of Articles 20, second paragraph, 21, and 22, first paragraph.
3. The governor may designate parts of the institution or wing as areas for accommodating prisoners that require special commital within the meaning of Article 14.
4. The governor shall determine the criteria that the prisoner must satisfy to be eligible for accommodation as referred to in paragraph 3.
5. Our Minister shall establish rules concerning the requirements that a cell accommodation as referred to in paragraph 2 must satisfy.
Section 2. Objection and petition procedure
Article 17
1. The person involved shall have a right to lodge a reasoned objection against the decision concerning:
a. placing or transfer as referred to in Article 15, paragraph 1;
b. termination of his participation in a penitentiary programme.
2. Article 61, paragraphs 2, 4 and 5, shall apply, mutatis mutandis, to the procedure for lodging a notice of objection.
3. The selection officer shall give the person involved the opportunity to clarify his objection orally or in writing, unless he immediately considers it to be manifestly inadmissible, manifestly unfounded or manifestly founded.
4. The selection officer shall inform the person lodging the objection of his reasoned decision in writing, as much as possible in a language he understands, within six weeks. In so doing, he shall apprise him of the possibility of making an appeal refer-red to in Chapter Xll, as well as the periods within which and the way in which this must be done.
5. Lodging of an objection shall be omitted if the person involved has been given the opportunity to make known his objections against a decision taken by the selection officer with respect to him as referred to in paragraph 1.
Article 18
1. The person involved shall have a right to lodge a reasoned petition concerning:
a. placing in or transfer to a certain institution or wing;
b. participation in a penitentiary programme;
2. Article 61, paragraphs 2 and 4, and Article 17, paragraphs 3 and 4, shall apply mutatis mutandis.
3. If the petition referred to in paragraph 1 is rejected, a new petition may be lodged six
months after this rejection.
CHAPTER V. FREEDOM OF MOVEMENT
Section 1. Extent of association
Article 19
1. A custodial sentence or detention order shall be carried out in an institution in unrestricted or restricted association, unless placing in an individual regime is required.
2. Our Minister shall determine the extent of association with respect to each institution or wing.
Article 20
1. In an unrestricted association regime, the prisoners shall stay together in living and working areas or participate jointly in activities.
2. In an unrestricted association regime, the prisoners may be obliged to stay in their cell accommodations during meals, during visiting hours when not receiving visitors, and during activities in which they do not participate. This cell accommodation is intended for personal use or for group accommodation of prisoners.
3. In an unrestricted association regime, the prisoners shall stay in their cell accommodations during the hours reserved for sleep and during the other hours, laid down in the prison rules, of the weekend and the generally recognised holidays.
Article 21-
1 - In a restricted association regime, the prisoners shall be given the opportunity to participate in group activities. Otherwise, they shall stay in the cell accommodations intended for personal use.
Article 22
1. In an individual regime, prisoners shall be given the opportunity to participate in activities Otherwise, they shall stay in the cell accommodations intended for personal use.
2. In an individual regime, the governor shall determine the extent to which the prisoner is allowed to participate in individual or group activities.
Section 2. Maintenance of good order
Article 23
1. The governor may exclude a prisoner from participating in one or more activities;
a. if this is necessary in the interest of maintaining order or safety in the institution or in the interest of an undisturbed carrying out of the deprivation of liberty;
b. if this is necessary to protect the prisoner involved;
c. in the event the prisoner involved is on the sick list or is ill;
d. if the prisoner requests this and the governor deems this request reasonable and feasible.
2. The exclusion under paragraph 1 a or b shall last up to two weeks. The governor may extend this exclusion by up to two weeks if he concludes that the necessity for exclusion still exists.
3. If immediate carrying out of the exclusion referred to in paragraph I a or b is required, a officer or employee may carry out the measure referred to in paragraph 1 for a maximum period of fifteen hours.
Article 24
1. The governor shall have the authority to place a prisoner in solitary confinement on the grounds mentioned in Article 23, paragraph 1. Solitary confinement in accordance with
Article 23, paragraph 1 a or b, shall last a maximum period of two weeks.
2. Solitary confinement shall be carried out in a solitary confinement cell or in another cell accommodation. During his solitary confinement the prisoner shall not participate in activities if the governor does not determine otherwise and except for a daily stay in the open air as referred to in Article 49, paragraph 3. The governor may limit or suspend the contact with the outside world during the stay in a solitary confinement cell.
3. The governor may prolong the solitary confinement referred to in paragraph 1, on the ground of Article 23, paragraph l a or b, each time by a maximum period of two weeks if he concludes that the necessity for solitary confinement still exists.
4. If immediate carrying out of solitary confinement on the ground of Article 23, paragraph 1 a or b, is required, a officer or employee may place a prisoner in solitary confinement for up to fifteen hours. The governor shall be informed thereof immediately.
5. In the event of solitary confinement, the governor shall provide that the necessary contact between the officers and employees of the institution and the prisoner is maintained and
that the character and frequency thereof are in keeping with the prisoner's situation.
6. If solitary confinement lasts for more than 24 hours and is carried out in a solitary confinement cell, the governor shall provide that the Supervisory Committee and the physician connected with the institution, or his substitute are immediately informed thereof.
7. Our Minister shall establish further rules concerning the stay in and the furnishing of the solitary confinement cell. These shall in any event refer to the rights of the prisoner during
his stay in a solitary confinement cell.
Article 25
1. If serious objections exist against solitary confinement being carded out in the institution or wing in which it is imposed, it may take place in another institution or wing.
2. If the governor is of the opinion that a situation exists as referred to in paragraph 1, he shall transfer the prisoner in consultation with the selection officer.
3. A decision regarding the prolongation of solitary confinement carried out in another institution or wing shall be taken by the governor of the institution or wing in which the solitary confinement was imposed, in consultation with the selection officer and after hearing the governor of the institution or wing where the solitary confinement is carried out.
4. Our Minister shall establish further rules concerning the transfer procedure and concerning the prolongation of solitary confinement in accordance with paragraphs 2 and 3 respectively.
Section 3. Leave from the institution
Article 26
1. A prisoner may, in accordance with paragraphs 3 and 4, be granted leave from the institution.
2. Leave from the institution as referred to in paragraph 1 shall not respite the execution of a custodial sentence or detention order.
3. Our Minister shall establish further rules concerning leave from the institution. These shall in any event refer to the criteria a prisoner must satisfy to be entitled to leave, the authority to grant and the manner of granting leave, refusal, restriction and cancellation as well as the duration and frequency of leave, and the conditions that may be attached to leave.
4. The governor shall, in accordance with the conditions imposed by him, grant a prisoner leave from the institution for purposes of attending a legal proceeding:
a. if the prisoner is under a statutory obligation to appear before a court or an administrative board;
b. if the prisoner must be tried for a criminal offence;
c. if the prisoner has a significant interest in attending the proceeding and no strong objections exist to leave from the institution for this purpose.
5. Regarding leave from the institution as referred to in paragraph 4, the governor may order the officers or employees designated by him for that purpose to ensure that the person involved is conveyed to the location assigned for that purpose.
CHAPTER VI. CONTROL AND USE OF VIOLENCE
Article 27
The prisoner's right to inviolability of his body, his clothes and the substances produced by his body, and his cell accommodation may be restricted in accordance with the provisions of this Chapter.
Article 28
1. The governor may require the prisoner to carry an identity card and to show this at the request of a officer or employee.
2. The prisoner shall be obliged to cooperate in having his picture taken, his fingerprints taken or in having a hand scan taken. -
Article 29
1. They governor shall have the authority to examine the prisoners body or clothes when he enters or leaves the institution, before or at the end of a visit, or when this is otherwise necessary in the interest of maintaining order or safety in the institution.
2. The examination of the prisoners body shall consist of an external inspection of the openings and cavities of the prisoner's body. The examination of the prisoner's clothes shall also consist of an examination of the objects that the prisoner has on his person.
3. The examination of the prisoner's body shall be performed in an enclosed area and, if possible, by persons of the same sex as the prisoner's.
4. If, in an examination of the body or clothes, objects are found that the prisoner is
forbidden to possess, and, if the examination concerns the openings or cavities of the prisoner's body, these objects can be removed without the use of tools, the governor shall have the authority to confiscate them. He shall provide that these objects are either placed in
safekeeping for the prisoner at his expense with issue of a receipt, or destroyed with the prisoner's consent, or handed to a police-officer with a view to the prevention or detection of punishable acts.
Article 30
1. If this is necessary in the interest of maintaining order or safety in the institution or in connection with the decision concerning placing or transfer or in connection with the decision concerning leave, the governor may obligate a prisoner to provide urine in order to test this urine for the presence of drugs that alter behaviour.
2. Our Minister shall establish further rules concerning the procedure for carrying out a urine test. The rules shall in any event refer to the prisoner's right to be informed of the results and to have at his expense a new test carried out on the urine he provided. Article 29, paragraph 3, shall apply mutatis mutandis.
Article 31
1. The governor may determine that a prisoner's body is examined if this is necessary to avert serious risk to the maintenance of order or safety in the institution or to the prisoner's health. The internal examination of the body shall be performed by a physician or, on his instructions, by a nurse.
2. A officer or employee of the institution where the prisoner is staying may take a decision as referred to in paragraph 1 if immediate carrying out is called for.
3. If, in the internal examination of the body, objects are found that the prisoner is forbidden to possess and these objects can be removed from the body by the physician or nurse, the governor shall have the authority to confiscate them. Article 29, paragraph 4, last sentence, shall apply mutatis mutandis.
Article 32
1. The governor may obligate a prisoner to acquiesce to having a specific medical intervention carried out on him if in the opinion of a physician this intervention is necessary to avert serious risk to the health or safety of the prisoner or of others. The intervention shall be performed by a physician or, on his instructions, by a nurse.
2. Further rules shall be established by order in council concerning the application of paragraph 1. These rules shall in any event refer to the giving notice and registration of the medical intervention, as well as the task of the responsible physician if medical intervention
is necessary to avert serious risk arising from a disturbance of the prisoner's mental capacities. The order in council shall come into force no sooner than eight weeks after the date of issue of the Bulletin of Acts, Orders and Decrees in which it is published. Both chambers of the States General shall be immediately notified of the publication.
Article 33
1. The governor may determine that during solitary confinement a prisoner is restricted in his freedom of movement by the application mechanical devices to his body for a maximum period of twenty-four hours if the restriction is necessary to avert serious risk from the prisoner to his health or the safety of others. The governor, the physician or his substitute and the Supervisory Committee shall be immediately notified thereof.
2. If immediate carrying out of the measure referred to in paragraph 1 is called for, a officer or employee may take a decision regarding this and carry it out for a maximum period of four hours. The governor, the physician or his substitute and the Supervisory Committee shall be immediately notified thereof.
3. The governor may prolong the decision concerning the application of mechanical devices to the prisoners body each time by up to twenty-four hours. The decision concerning prolongation shall be taken following consultation with the physician connected with the institution or his substitute.
4. Our Minister shall establish further rules concerning the application of mechanical devices to the body.
Article 34
1. The governor shall have the authority to examine a prisoner's cell accommodation for the presence of objects he is forbidden to possess:
a. if this examination takes place in the framework of the general supervision of the presence of forbidden objects in the cell accommodations of prisoners;
c. if this is otherwise necessary in the interest of maintaining order or safety in the institution 2. Article 29, paragraph 4, shall apply mutatis mutandis.
Article 35
1. The governor shall have the authority to use violence against a prisoner or to apply
devices to restrict his freedom if this is necessary in view of one of the following interests:
a. the maintenance of order or safety in the institution;
b. the implementation of a decision taken by the governor;
c. the prevention of the prisoner's withdrawal of the supervision exercised on him.
2. The selection officer, or a officer or employee designated for that purpose by him, shall have the authority to use violence against a prisoner or to apply devices to restrict his freedom with a view to one of the following interests:
a. the implementation of a decision taken by him;
b. the prevention of the prisoner's withdrawal of the supervision exercised on him.
3. If possible, a warning shall be given before violence is used. The person that has used violence shall immediately make a written report thereof and shall submit this to the governor or the selection officer.
4. Our Minister shall establish further rules concerning use of violence and use of devices to restrict freedom.
CHAPTER VIl. CONTACT WITH THE OUTSIDE WORLD
Article 36
1. Save for the restrictions to be established under paragraphs 2, 3 and 4, the prisoner shall have a right to send and receive letters and items by post. The costs involved shall be for the prisoners account unless the governor determines otherwise.
2. The governor shall have the authority to examine envelopes or other postal items sent by or intended for prisoners for the presence of enclosed objects and to open them for that purpose. If the envelopes or other postal items are sent by or are intended for the persons or bodies referred to in Article 37, paragraph 1 or 2, this examination shall be carried out in the presence of the prisoner involved.
3. The governor shall have the authority to exercise supervision of the letters and postal items sent by or intended for prisoners. This supervision may comprise the copying of letters or other postal items. The prisoners shall be notified beforehand of the way in which supervision will be exercised.
4. The governor may refuse to distribute certain letters or other postal items as well as enclosed objects if this is necessary with a view to the following interests:
a. the maintenance of order or safety in the institution;
b. the prevention or investigation of criminal offences;
c. the protection of victims of, or those involved otherwise in criminal offences.
5. The governor shall provide that the letters or other postal items or enclosed objects that are not distributed are either returned to the prisoner or sent at his expense to the sender or to an address given by the prisoner, or placed in safekeeping for the prisoner with issue of a receipt, or destroyed with the prisoner's consent, or handed to a police-officer with a view to the prevention or investigation of criminal offences.
Article 37
1. Article 36, paragraphs 3 and 4, shall not apply to letters addressed to the prisoner and sentby:
a. members of the Royal Family;
b. the First or Second Chamber of the States General, members thereof, the Dutch members of the European Parliament or a commission of one of these parliaments;
c. Our Minister
d. judicial authorities;
e. the National Ombudsman;
f. public health inspectors;
9. the Central Council for the Execution of Criminal Law, or members thereof;
h. the Supervisory Committee or a Complaints Committee, or members thereof;
1. his legal aid provider;
j. his probation officer;
k. other persons or bodies designated by Our Minister or the governor.
2. For the purposes of paragraph l d, judicial authorities shall also mean organs that have the authority under the law or a treaty valid in the Netherlands to be notified of complaints or to review matters initiated by a complaint.
3. Paragraph 1 shall not apply if the carrying out of the restrictions imposed on the prisoner under Articles 222 and 225 of the Implementation Act of the Code of Criminal Procedure opposes this.
4. Our Minister may establish further rules concerning the sending of letters to or by the persons and bodies referred to in paragraph 1.
Article 38
1. The prisoner shall have a right to receive visitors for at least one hour per week at the times and places laid down in the prison rules. The prison rules shall contain rules concerning visit requests.
2..The governor may limit the-number of persons simultaneously admitted to the prisoner if this is necessary in the interest of maintaining order or safety in the institution .
3. The governor may refuse the admission of a certain person or certain persons to the prisoner if this is necessary with a view to an interest referred to in Article 36, paragraph 4. The refusal shall be valid for a maximum period of three months.
4. The governor may determine that supervision is exercised during the visit if this is necessary with a view to an interest referred to in Article 36, paragraph 4. This supervision may comprise listening in to or recording the conversation between the visitor and the prisoner. The person involved shall be notified beforehand of the character of and reason for the supervision.
5. Every visitor should identify himself properly upon entering the institution. The governor may determine that a visitors clothes is examined for the presence of objects that may be a risk to order or safety in the institution. This examination may also concern the objects he brings with him. The governor shall have the authority to hold on to such objects for the duration of the visit with issue of a receipt or to hand them to a police-officer with a view to the prevention or investigation of criminal offences.
6. The governor may terminate the visit within the time allotted to it and have the visitor
removed from the institution if this is necessary with a view to an interest referred to in Article 36, paragraph 4.
7. The persons and bodies referred to in Article 37, paragraph 1 g and h, shall have access
to the prisoner at any time. The other persons and bodies referred to in that paragraph shall have access to the prisoner at the times and places laid down in the prison rules. During this visit they can freely converse with the prisoner, except when the governor is of the opinion, following consultation with the visitor in question, that the prisoner poses a serious risk to the visitors safety. In that case, the governor shall reveal before the visit which supervisory measures will be taken, so that the conversation can take place as undisturbed as possible. The supervisory measures may not result in confidential statements made in the
conversation between the prisoner and his legal aid provider becoming known to third
patties.
Article 39
1. Save for the restrictions to be established under paragraphs 2 to 4, the prisoner shall have a right to conduct one or more phone conversations with persons outside the institution for ten minutes at least once a week at the times and places laid down in the prison rules and with the aid of a telephone designated for that purpose. The costs involved shall be for the prisoner's account, unless the governor determines otherwise.
2. The governor may determine that supervision is exercised on the phone conversations conducted by or with the prisoner if this is necessary to establish the identity of the person with which the prisoner conducts a conversation or with a view to an interest as referred to in Article 36, paragraph 4. This supervision may comprise listening in to or recording the phone conversation. The person involved shall be notified beforehand of the character of and
reason for the supervision.
3. The governor may deny the prisoner the opportunity to conduct a certain phone conversation or certain phone conversations, or terminate a certain phone conversation
within the time allotted to it if this is necessary with a view to an interest as referred to in Article 36, paragraph 4. The decision to forbid a certain phone conversation or certain phone conversations shall remain in force for a maximum period of three months.
4. The prisoner may have phone contact with the persons and bodies referred to in Article
37, paragraph 1, if the necessity and opportunity exist for this. No other supervision shall be exercised on these conversations than that necessary to establish the identity of the persons or bodies with which the prisoner conducts or desires to conduct a phone conversation.
Article 40
1. The governor may give the prisoner permission to conduct a conversation with a media representative if this has no adverse effect on to the following interests:
a. the maintenance of order or safety in the institution;
b. the protection of the public order and common decency;
c. the protection of the rights and liberties of persons other than the prisoner;
d. the prevention or investigation of criminal offences;
2. With a view to the protection of the interests referred to in paragraph 1, the governor may attach conditions to a media representative's access to the institution. The governor shall have the authority to have a media representative removed from the institution if he fails to comply with the conditions imposed on him.
3. The governor may exercise supervision on the contact with a media representative if this is necessary in view of an interest as referred to in paragraph 1. Article 38, paragraph 4, second and third sentence, and paragraph 5, shall apply mutatis mutandis.
CHAPTER VIII. CARE, WORK AND OTHER ACTIVITIES
Section 1. Care
Article 41
1. The prisoner shall have a right to freely profess and practice his religion or ideology individually or in association with others.
2. The governor shall provide that sufficient spiritual care, as much as possible in accordance with the prisoner's religion or ideology, is available in the institution.
3. The governor shall give the prisoner the opportunity at the times and places laid down in the prison rules to:
a. have personal contact with the spiritual counsellor of the religion or ideology of his choice connected with the institution;
b. have contact with persons other than the spiritual counsellors referred to in 3a pursuant to Article 38;
c. attend the religious or ideological meetings of his choice held in the institution. Article 23 shall apply mutatis mutandis.
4. Further rules shall be established by order in council concerning the availability of spiritual care. These rules shall refer to the provision of spiritual care by or on behalf of the different religious or ideological movements, to the organisation and the cost of spiritual care and to the appointment of spiritual counsellors in an institution.
Article 42
1. The prisoner shall have a right to receive the care of a physician connected with the institution or his substitute.
2. The prisoner shall have a right to consult, at his own expense, a physician of his choice. The governor shall establish the place and time of the consultation, in consultation with the chosen physician.
3. The governor shall provide that the physician connected with the institution or his substitute:
a. is regularly available for holding surgery hours;
b. is available at other times if this is necessary in the interest of the prisoners health;
c. examines the prisoners that are eligible for this for their fitness to participate in work, sport or other activities.
4..The governor shall provide that:
a. the prisoner is provided with the drugs and diets prescribed by the physician connected with the institution or his substitute;
b. the prisoner is given the treatment on the direction of the physician connected with the institution or his substitute;
c. the prisoner is transferred to a hospital or other establishment if the treatment referred to
in 4b takes place there.
5. Rules shall be established by order in council concerning complaints about decisions
taken with respect to prisoners by the physician connected with the institution or his substitute.
Article 43
1. The prisoner shall be entitled to social care and assistance.
2. The governor shall provide that probation officers and other behaviour experts qualified for this can provide the care and assistance described in paragraph 1 in the institution.
3. The governor shall provide that the prisoner is transferred to the place assigned for that if the care and assistance described in paragraph 1 require this and such a transfer is compatible with the undisturbed carrying out of the deprivation of liberty.
Article 44
1. The governor shall provide that the prisoner is provided with food, necessary clothing and footwear or that he is given sufficient funds to supply these needs.
2. The prisoner shall be entitled to wear his own clothes and footwear, unless these pose a possible risk to order or safety in the institution. He may be obligated to wear specially- adapted clothes or footwear during work or sport. Rules may be laid down in the prison rules concerning the use and maintenance of clothing and footwear.
3. In the provision of food, the governor shall provide that account is taken as much as possible of the religion or ideology of the prisoner.
4. The governor shall provide that the prisoner is enabled to care properly for his
appearance and physical hygiene.
5. In the prison rules, rules shall be laid down concerning the purchase by the prisoners of articles of use other than those made available by the governor.
Article 45
1. In the prison rules it may be determined that the possession of certain types of objects in the institution or a specific wing is forbidden if this is necessary in the interest of maintaining order or safety in the institution or in the interest of limiting the governor's liability for the objects.
2. The governor may give the prisoner permission to place in his cell accommodation or have on his person objects that belong to him, the possession of which is not forbidden under paragraph 1, in so far as this is compatible with the following interests:
a. the maintenance of order or safety in the institution;
b. the governor's liability for the objects.
3. The governor may attach conditions to the permission referred to in paragraph 2 that can relate to the use of and the liability for these objects. Rules may be established by order in council pursuant to which the governor's liability for objects that a prisoner has in his possession under paragraph 2 is limited to a specific sum of money.
4. The governor shall have the authority to have objects that belong to the prisoner examined at his expense in order to establish whether the admittance or possession thereof is permissible or forbidden under paragraphs 1 and 2, respectively.
5. The governor shall have the authority to confiscate objects with respect to which no permission has been granted or which are forbidden under paragraphs 1 and 2, respectively Th e governor shall provide that these objects are either placed in safekeeping for the prisoner at his expense with issue of a receipt, or sent at his expense to the sender or an address given by the prisoner, or destroyed with the prisoner's consent, or handed to a police-officer with a view to the prevention or investigation of criminal offences.
Article 46
1. The possession of cash by the prisoner in the institution or the wing shall be forbidden, unless the prison rules determine otherwise.
2. In institutions or wings in which the possession of cash by the prisoner is forbidden, the prisoner shall have at his disposal a current account with the institution.
3. Further rules may be laid down in the prison rules concerning the possession of cash and the use of the current account. These rules may refer to a restriction on the maximum amount that the prisoner may have at his disposal in cash or in his current account.
Section 2. Work and other activities
Article 47
1. The prisoner shall be entitled to participate in the work available in the institution.
2. The governor shall provide that work is available for the prisoners in so far as the nature of the detention does not oppose this.
3. Prisoners with a custodial sentence shall be obligated to perform the work assigned to them by the governor both inside and outside the institution or wing.
4. The working hours established in the prison rules shall be set within the limits generally used outside the institution.
5. Our Minister shall establish rules concerning the composition and level of wages.. The governor shall be charged with the fixing and payment of wages.
Article 48
1. The prisoner shall be entitled to take cognizance of news at his own expense and to use a library facility once a week. The prisoner shall be entitled to follow educational courses and
to participate in other educational activities in so far as these are compatible with the nature and duration of the detention and the character of the prisoner.
2. The prisoner shall be entitled to physical exercise and practice of sports for a minimum period of twice three quarters of an hour per week if his health permits this.
3. The governor shall provide that the officers eligible for this can provide the activities referred to in paragraph 1, second sentence, and paragraph 2.
4. Our Minister shall establish rules concerning the conditions under which a compensation can be given for the possible costs incurred by the prisoner in following educational courses and participating in other educational activities if these are not provided in the institution. These conditions may concern the nature, duration and cost of these activities as well as to the prisoner's preliminary education and progress.
Article 49
1. The prisoner shall be entitled to recreation and a daily stay in the open air if his health permits this.
2. The governor shall provide that the prisoner is given the opportunity to participate in recreational activities for at least six hours a week.
3. The governor shall provide -tilt the prisoner is given the opportunity to stay in the open air daily for at least one hour.
CHAPTER IX. DISCIPLINARY PUNISHMENT
Article 50
1. If a officer or employee witnesses that a prisoner is involved in acts that endanger the order or safety in the institution or endanger the undisturbed carrying out of the deprivation of liberty and he intends to report this to the governor in writing, he shall notify the prisoner thereof.
2. The governor shall decide as soon as possible after receiving this report whether to impose disciplinary punishment.
3. If the governor or his deputy witnesses the acts as referred to in paragraph 1, paragraph 1 shall not apply.
4. The punishment may be imposed or carded out in an institution or wing other than the one in which the report referred to in paragraph 1 was made.
Article 51
1. If acts referred to in Article 50, paragraph 1, have been committed, the governor may impose the following disciplinary punishments:
a. confinement in a punishment cell or other cell accommodation for a maximum period of two weeks;
b. cancellation of visits for up to four weeks if the act took place in connection with the person or persons paying those visits;
c. exclusion from participation in one or more specific activities for a maximum period of TWCD weeks;
d. refusal, cancellation or restriction of the next leave;
e. a fine up to a maximum amount of twice the weekly wages current in the institution or wing.
2. When imposing a fine, the governor shall also determine by which other punishment this can be replaced in case the fine has not been paid within the period specified by him.
3. The governor may impose more than one punishment for the acts referred to in Article 50, paragraph 1, on the understanding that the punishments referred to in paragraph l a and c may only be imposed if together they last no more than two weeks.
4. The imposition of punishment shall be without prejudice to the possibility for the governor to make an arrangement with the prisoner concerning the damage he has inflicted.
5. No punishment may be imposed if the prisoner cannot be held responsible for committing an act as referred to in Article 50, paragraph 1.
6. If a punishment has been imposed, it shall be carried out immediately. The governor may determine that a punishment is not, or only partially carried out.
Article 52
1. If confinement in a punishment cell in the institution or wing in which it has been imposed proves impossible or meets with serious objections, it may be carried out in another institution or wing.
2. If the governor is of the opinion that a situation referred to in paragraph 1 exists, he shall transfer the prisoner for this purpose in consultation with the selection officer.
3. Our Minister shall establish further rules concerning the procedure for transfer in accordance with paragraph 2.
Article 53
1 -A punishment may in whole or-in part be-imposed conditionally. The probationary period shall last up to three months.
2. The governor shall in any event impose the condition that the prisoner refrain from committing acts that endanger the order or safety in the institution or endanger the undisturbed carrying out of the deprivation of lib". The governor may impose other conditions an the prisoner's behaviour. The imposed conditions shall be mentioned in the notification referred to in Article 58, paragraph 1.
3. If the condition is violated within the probationary period, the governor may determine that ail or part of the imposed conditional punishment is carried out.
4. The governor may commute the unconditional punishment to a conditional punishment in whole or in part.
Article 54
1. The governor shall keep a record of each punishment imposed or alteration thereof.
2. If a punishment pursuant to Chapters XI or XII I is revised in whole or in part, the governor shall keep a record thereof.
Article 55
1. The prisoner on which the disciplinary punishment of confinement referred to in Article 51, paragraph I a, has been imposed shall be excluded from participation in activities if the governor does not determine otherwise and except for the daily stay in the open air referred to in Article 49, paragraph 3. The governor may limit or prohibit contact with the outside world during the stay in the punishment cell.
2. If the confinement in a punishment cell is carried out and lasts for more than twenty-four hours, the governor shall provide that the Supervisory Committee and the physician connected with the institution or his substitute are immediately notified thereof.
3. Our Minister shall establish further rules concerning the stay in and the furnishing of the punishment cell. These shall in any event concern the rights conferred on the prisoner during his stay in the punishment cell.
CHAPTER X. INFORMATION, HEARING AND NOTIFICATION OBLIGATION AND FILE
Article 56
1. The governor shall provide that, upon entering the institution, the prisoner is informed of his rights and obligations under this Act in writing and as much as possible in a language he understands .
2. In particular, the prisoner shall, upon entering the institution, be informed of his power to: a. lodge an objection or a petition in accordance with Chapter IV;
b. turn to the visiting officer of the Supervisory Committee;
c. enter a complaint or appeal in accordance with Chapters XI, XII and XIll.
3. A detained alien shall, upon entering the institution, be informed of his right to have the consular representative of his country notified of his detention.
Article 57
1. The governor shall give the prisoner the opportunity to be heard in a language that as much as possible he understands before taking a decision concerning:
a. the refusal or withdrawal of permission to accommodate a child in the institution, referred to in Article 12;
b..the exclusion from participation in activities and the prolongation thereof, referred to in Article 23, paragraph l a and b, and paragraph 2, respectively.
c. the placing in solitary confinement and the prolongation thereof, referred to in Article 24, paragraph 1, on the ground of Article 23, paragraph l a or b, and Article 24, paragraph 3, respectively, and the application of Article 25;
d. the restriction and the cancellation of leave, referred to in Article 26, paragraph 3;
e. the internal examination of the body, referred to in Article 31;
f. the submitting to a medical intervention, referred to in Article 32;
g. the application of mechanical devices and the prolongation thereof, referred to in Article 33, paragraph 1 and 3, respectively;
h. the imposition of disciplinary punishment, referred to in Article 51, and the application of Article 52 and 53, paragraph 3.
2. If necessary, the hearing of the prisoner shall take place with the assistance of an interpreter. Notes shall be taken of the hearing of the prisoner.
3. Application of paragraph l b, c, d, e, f and g, may be omitted if:
a. the necessary urgency opposes this;
b. the prisoner's state of mind irnpedes this.
Article 58
1. The governor shall immediately give the prisoner a reasoned, dated and signed written notification of each decision referred to in Article 57, paragraph 1, as much as possible in a language he understands.
2. The governor gives, in the manner described in paragraph 1, a notification concerning:
a. the refusal to send or distribute a letter or other postal item or enclosed objects, referred to in Article 36, paragraph 4;
b. the refusal to admit a certain person or certain persons to the prisoner, referred to in Article 38, paragraph 3;
c. the cancellation of conducting a certain phone conversation or certain phone conversations, referred to in Article 39, paragraph 3;
d. the refusal to have contact with a media representative, referred to in Article 40, paragraph 1.
3. In the cases mentioned in paragraph 2, the notification may be omitted if the governor's decision concerns the carrying out of a restriction imposed an the prisoner in pursuance of Articles 222 and 225 of the Implementation Act of the Code of Criminal Procedure.
4. In the notification referred to in paragraphs 1 and 2, the prisoner shall be apprised of the possibility of filing a complaint referred to in Chapter X], the complaint procedure and the period within which this should take place, as well as of the possibility of requesting the chairman of the Appeals Committee to suspend all or part of the implementation of the decision, pending the outcome of the complaint review.
Article 59
Rules shall be established by order in council concerning the creation of flies. These shall in any event refer to a description of the prisoners with respect to which a file must be created,
the nature of the information contained therein, the right of the prisoner involved to inspect or copy the file and the restriction on this, and the period during which and the manner in which the file will be kept.
CHAPTER XI. COMPLAINTS
Article 60
1. A prisoner may file a complaint with the Complaints Committee concerning a decision taken by or an behalf of the governor.
2. A decision as referred to in paragraph 1 shall be the same as an omission or refusal to take a decision. The taking of a-decision shall be 'deemed omitted or refused if a decision is not taken within the statutory term, or, if this is lacking, within a reasonable term.
3. The governor shall provide that a prisoner desiring to make a complaint is given the opportunity to do so as soon as possible.
Article 61
1. To make a complaint, the prisoner shall file a complaint with the Complaints Committee of the institution where the decision against which he is complaining was taken.
2. Filing of a complaint may take place through the mediation of the governor of the institution where the prisoner is staying. In that case, the governor shall provide that the notice of complaint, or, if the notice of complaint is contained in an envelope, the envelope,
is provided with a date, this being the date of filing.
3. The complaint shall mention as accurately as possible the decision to which the complaint relates and the reasons for the complaint.
4. If the prisoner does not have sufficient command of the Dutch language, he may file the complaint in another language. The chairman of the Complaints Committee may determine that the complaint is translated into the Dutch language. The costs of the translation shall be compensated in accordance with rules established by order in council.
5. The complaint shall be filed no later than the seventh day after the day on which the prisoner is notified of the decision against which he desires to make a complaint. A complaint filed after the end of this period shall nevertheless be admissible if in reason it cannot be concluded that the prisoner is in default.
Article 62
1. The complaint shall be reviewed by a Complaints Committee appointed by the Supervisory Committee. This committee shall consist of three members assisted by a secretary.
2. If he regards the complaint as simple, or manifestly inadmissible, manifestly unfounded or manifestly founded, the chairman or a member of the Complaints Committee designated by him may dispose of the complaint, on the understanding that he also has the powers possessed by the chairman of the entire Complaints Committee.
3. The chairman or a member designated by him as referred to in paragraph 2 may refer the review of a complaint to the entire Complaints Committee at any time.
4. The complaint review shall not take place publicly, unless the Complaints Committee is of the opinion that a non-public review is incompatible with any stipulation binding upon all parties of a treaty in force in the Netherlands.
Article 63
1. The secretary of the Complaints Committee shall send the governor a copy of the complaint.
2. With respect to that, the governor shall as soon as possible furnish the Complaints Committee with the necessary information in writing, unless he is of the opinion that the complaint is manifestly inadmissible or manifestly unfounded or if paragraph 4 applies. To that he shall add any comments he may consider necessary in view of the complaint.
3. The secretary of the Complaints Committee shall inform the complainant in writing of the contents of the information and comments referred to in paragraph 2.
4. The Complaints Committee may hand the notice of complaint to the member of the Supervisory Committee referred to in Article 7, paragraph 3, to give him the opportunity to mediate in the matter. The secretary shall notify the governor thereof.
Article 64.
1. The Complaints Committee shall give the complainant the opportunity to make oral comments concerning the complaint, unless it immediately regards the complaint as manifestly inadmissible, manifestly unfounded or manifestly founded.
2. The complainant and the governor may submit to the chairman of the Complaints Committee the questions they wish to ask each other.
3. The Complaints Committee may hear the governor and the complainant separately. In that case, they shall be given the opportunity to submit beforehand the questions they wish to ask, and the chairman of the Complaints Committee shall orally communicate to the governor and the complainant the respective statements thus made.
4. The Complaints Committee may also obtain written or oral information from other persons If oral information is obtained, paragraphs 2 and 3, second sentence, shall apply mutatis mutandis.
Article 65
1. The complainant shall have a right to be assisted by a legal aid provider or another judiciary which the Complaints Committee has given permission to act as such. If the complainant has been provided with a lawyer, payment of his fees and reimbursement of the costs he has made shall take place in accordance with rules established by order in council. 2. If the complainant has insufficient command of the Dutch language, the chairman shall provide that he is assisted by and interpreter. Payment of the interpreter's fees and reimbursement of the costs he has made shall take place in accordance with rules established by order in council.
3. During the complaint procedure the Complaints Committee shall enable the complainant at his request to take cognizance of the case documents.
4. If the complainant resides elsewhere, the comments referred to in Article 64, paragraph 1,
may at the Complaints Committee's request be made before a member of another Complaints Committee.
5. The secretary shall make a written report of the hearing of the person involved, which
shall be signed by the chairman and the secretary. If one of them is absent, the reason for this shall be mentioned in the report.
Article 66
1. Pending the outcome of the complaint review, the chairman of the Appeals Committee may at the complainant's request, and after hearing the governor, suspend all or part of the implementation of the decision to which the complaint relates.
2. The chairman shall immediately notify the governor and complainant thereof.
Article 67
1. The Complaints Committee shall deliver a resolution as soon as possible, though in any case within a period of four weeks counting from the date on which the complaint was received. In exceptional circumstances the Complaints Committee may extend this period by up to four weeks. The governor and the complainant shall be notified of this extension.
2. The complaint resolution shall be reasoned and dated. It shall contain a report of the hearing of persons by the Complaints Committee. It shall be signed by the chairman as well as by the secretary. If one of them is absent, the reason for this shall be mentioned in the complaint resolution. A copy of the Complaints Committees's decision shall be immediately sent or distributed to the complainant and the governor free of charge. The date of sending
or distribution shall be recorded on the copy.
3. The complaint resolution shall mention the possibility of entering an appeal to the Appeals Committee, the procedure for this and the period within which this should take place, as well as of the possibility of suspending the implementation of the resolution, referred to in Article 70, paragraph 2.
4. If the complainant has insufficient command of the Dutch language and a translation cannot be provided in the institution in another way, the chairman of the Complaints Committee shall provide that a translation is made of the complaint resolution and the notification referred to in paragraphs 2 and 3, respectively. Payment of the costs of the translation shall take place in accordance with rules established by order in council.
5. The chairman of the Complaints Committee may also communicate the resolution orally to the complainant and the governor. If so, they shall be apprised of the possibility of entering
an appeal to the Appeals Committee, the procedure for this and the period within which this should take place, as well as of the possibility of suspending the implementation of the resolution, referred to in Article 70, paragraph 2. The day of delivery of the complaint resolution shall be the day on which this notification is given. If an oral complaint resolution is delivered, this resolution shall be recorded in the notice of complaint.
6. If paragraph 5 has been applied and an appeal is made as provided for in Article 69, paragraph 1, the implementation of the Complaints Committee's decision shall take place in the manner referred to in paragraph 2. The secretary of the Complaints Committee shall send a copy of the resolution to the governor, the complainant and the Appeals Committee. 7. The secretary shall send a copy of all the resolutions delivered by the Complaints Committee to Our Minister. Any person shall have a right to take cognizance of these resolutions and to receive a copy thereof. Our Minister shall provide that this copy contains no information from which the identity of the prisoner can be derived. With respect to the costs of receiving a copy, the provisions of the Tariffs in Criminal Cases Act shall apply rnutatis mutandis.
Article 68
1. In its resolution the Complaints Committee shall either declare the complaint as wholly or partly:
a. inadmissible; or
b. unfounded; or
c. founded.
2. If the Complaints Committee is of the opinion that the decision to which the complaint relates:
a. is contrary to a statutory regulation in force in the institution or a stipulation binding upon all parties of a treaty in force in the Netherlands; or
b. must in weighing up all relevant interests be deemed unreasonable or unfair, it shall declare the complaint founded and annul all or part of the decision.
3. For the purposes of paragraph 2, the Complaints Committee may:
a. instruct the governor to take a new decision, subject to its resolution;
b. determine that its resolution replaces the annulled decision;
c. limit itself to an annulment in whole or in part.
4. For the purposes of paragraph 3a, the Complaints Committee may stipulate a time limit in its resolution.
5. The Complaints Committee may determine that the resolution does not enter into force until it has become irrevocable.
6. If paragraph 2 applies, the legal consequences of the annulled decision shall, if possible, be reversed by the governor, or brought into conformity with the Complaints Committee's resolution.
7. If the consequences referred to in paragraph 6 cannot be reversed, the Complaints Committee or the chairman shall determine, after hearing the governor, whether the complainant should receive any compensation. It shall establish the compensation, which may be in money.
CHAPTER XII. APPEAL AGAINST THE COMPLAINTS COMMITTEE'S RESOLUTION
Article 69
1. The governor and the complainant may appeal against the Complaints Committee's resolution by entering an appeal. The reasoned notice of appeal shall be filed no later than the seventh day after receipt of a copy of the complaint resolution or after receipt of the oral notification of the resolution.
2. The appeal shall be made to and reviewed by an Appeals Committee comprised of three members appointed by the Prisons Section. The Appeals Committee shall be assisted by a secretary.
3. With respect to the review of the appeal, Article 60, paragraph 3, 61, paragraph 4, Article 62, paragraph 4, Article 63, paragraphs 1, 2 and 3, and Article 65, paragraphs 1, 2 and 3,shall apply mutatis mutandis, on the understanding that the Appeals Committee may determine that:
a. the governor and the complainant are exclusively given the opportunity to clarify the notice of appeal in writing;
b. the oral comments can be made before a member of the Appeals Committee.,
c. in case oral information is obtained from another person, the governor and the complainant are exclusively given the opportunity to submit in writing the questions they wish to ask that person.
Article 70
1. Entering of an appeal shall not suspend the implementation of the resolution of the complaints Committee, except when it carries with it the allowing of the compensation as
referred to in Article 68, paragraph 7.
2. Pending the outcome of the appeal review, the chairman of the Appeals Committee may at the request of the person entering the appeal, and after hearing the other persons involved in the procedure, suspend all or part of the implementation of the resolution of the Complaints Committee. He shall immediately notify the governor and the complainant thereof.
Article 71
1. The Appeals Committee shall deliver a resolution as soon as possible.
2. In its resolution the Appeals Committee shall either:
a. declare the appeal as wholly or partly inadmissible; or
b. wholly or partly confirm the resolution of the Complaints Committee, either with adoption or with improvement of the grounds; or
c. wholly or partly annul the Complaints Committee's resolution.
3. If paragraph 2e is applied, the Appeals Committee shall do what the Complaints Committee should have done.
4. With respect to the resolution of the Appeals Committee, Articles 66 and 67, paragraph 2 first and third, fourth and fifth sentence, paragraph 4 and 7, shall apply mutatis mutandis.
CHAPTER XIll. APPEAL CONCERNING PLACING, TRANSFER, PARTICIPATION IN A PENITENTIARY PROGRAMME, LEAVE, AND INTERRUPTION OF SENTENCE
Article 72
1. The -person in question has a right to enter a reasoned appeal to the Committee referred
to in Article 73, paragraph 1, against the selection officers decision regarding the objection
or appeal if this concerns a declaring wholly or partly unfounded or a rejection referred to in Articles 17 and 18, respectively. The person involved shall also have a right to enter an appeal in case lodging of an objection on the ground mentioned in Article 17, paragraph 5, was omitted.
2. The prisoner shall have a right to enter a reasoned appeal to the Committee referred to in 73, paragraph 1, against a decision concerning leave with respect to him if no complaint under Article 60, paragraphs 1 and 2, is outstanding.
Article 73
1. The appeal shall be reviewed by a Committee comprised of three members appointed by the Prisons Section. The Committee shall be assisted by a secretary.
2. The notice of appeal shall be filed no later than the seventh day after the day an which the person involved was notified of the decision against which he is appealing. An appeal
entered after the end of this period shall nevertheless be admissible if in reason it cannot be concluded that the prisoner is in default.
3. If the person involved is under detention, an appeal may be entered through mediation of the governor of the institution or wing in which he is staying. The governor shall provide that the notice of appeal is dated immediately. The date recorded on the notice of appeal shall be the day on which the appeal was entered.
4. Articles 60, third paragraph, 61, fourth paragraph, 63, 64, 65, 66, 67, second paragraph, first to fifth sentence, fourth and seventh paragraph, except for the first sentence, and 68, first, second, third, fourth, sixth and seventh paragraph, shall apply mutatis mutandis, on the understanding that the Committee referred to in paragraph 1 may determine that:
a. the persons involved are exclusively given the opportunity to clarify the appeal in writing;
b. the oral comments can be made before a member of the Committee referred to in paragraph 1;
c. in case oral information is obtained from another person, the persons involved are exclusively given the opportunity to submit in writing the questions they wish to ask that person.
CHAPTER XIV. CONSULTATION AND REPRESENTATION
Article 74
The governor shall provide that consultation regularly takes place with the prisoner concerning matters that directly affect the detention.
Article 75
1. Except when the selection officer, the Complaints Committee or the Appeals Committee is of the opinion that important interests of the prisoner oppose this, the rights conferred on the prisoner under Articles 17 and 18 as well as under Chapters XI to XIll may also be carried out by:
a. the trustee if the prisoner has been placed under legal restraint;
b. the mentor if a mentorship has been established for the benefit of the prisoner;
c. the parents or guardian in case the prisoner is a minor.
2. The governor shall provide that the persons mentioned in paragraph 1 are apprised of these rights.
CHAPTER XV. SPECIAL PROVISIONS RELATING TO CONDEMNED PERSONS WITH RESPECT TO WHICH ARTICLE 13 OR 19 OF THE CRIMINAL CODE HAS BEEN APPLIED
Article 76
1. The placing of a person with a custodial sentence in a judicial institution for the care and treatment of persons under a hospital order shall take place before he has spent six months in a prison or remand centre, counting from the day the decision is taken referred to in Article 13, paragraph 1, of the Criminal Code.
2. If Our Minister, taking into account the requirements referred to in Article 11, paragraph 2, of the Hospital Order Principles Act, is of the opinion that placing is not possible within the period mentioned in paragraph 1, he may extend this period each time by three months.
3. A person with a custodial sentence may enter an appeal to the Hospital Order Section of the Central Council for the Execution of Criminal Law against the decision concerning extension referred to in paragraph 2. The provisions of Chapter XVI of the Hospital Order Principles Act shall apply mutatis mutandis.
CHAPTER XVI. SPECIAL PROVISION RELATING TO INSTITUTIONS FOR CLINICAL OBSERVATION
Article 77
1. A non-condemned person committed to an institution for clinical observation under Article 196, 327 or 5099 of the Code of Criminal Procedure shall have the same legal position as a non-condemned person staying in a remand centre if the institution for clinical observation is also a remand centre.
2. A person under a hospital order committed to an institution for clinical observation under Article 5099 or 509c, paragraph 5, of the Code of Criminal Procedure shall have the same legal position as a person under a hospital order staying in a remand centre if the institution for clinical observation is also a remand centre.
CHAPTER XVII. TRANSITIONAL AND FINAL PROVISIONS
Article 73
If the rules of the armed forces give occasion for this, the provisions of this Act may be departed from with respect to military prisoners.
Article 79 - 91
(contain modification of other legislation)
Article 92
The rules and designations of prisons and remand centres established in accordance with Article 22 of the Criminal Code, as this Article was in force before the coming into force of
this Act, shall be deemed to have been established pursuant to the relevant provisions of this Act.
Article 93
This Act shall have no consequences for complaints or appeals entered before the coming into force of this Act.
Article 94
This Act shall enter into force at a time to be established by Royal Decree. A different time may be established by Royal Decree on which Article 76 enters into force.
Article 95
This Act may be cited as the Penitentiary Principles Act (Penitentiaire Beginselenwet).
This is a translation of the Dutch Penitentiary Principles Act. Rights can only be derived from the Dutch text an not from this translation.