Country

Netherlands

Detention issue

Legal assistance

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Penitentiary Principles Act (Penitentiaire Beginselenwet)Detainees in pre-trial detention and post-trial detention may lodge an objection to the decision of the selection officer to place or transfer him or her in the institution or wing of institution that he or she is actually placed. Complaints must be lodged to the responsible Minister. Detainees in pre-trial detention and post-trial detention may lodge a complaint about their treatment in and the conditions of their detention with the Complaints Commission (Beklagcommissie) of the Supervisory Committee (Raad van Toezicht), which exists in every penitentiary institution in the Netherlands. Detainees in pre-trial detention and post-trial detention who lodge a complaint have the right to be assisted by a legal adviser. If the complainant has been provided with a lawyer, payment of his fees and reimbursement of the costs will be taken care of.

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