Good practice – the Netherlands
The Inspectorate of Security and Justice designed a
framework for the assessment of the treatment of
detainees and the prevention of violence against or
among them.
Recommendations
Public Authorities
•
Medical screening within 24 hours of arrival of the
detainee. This includes identifying contraindicated
drugs and an assessment of suicide risks;
Conduct a needs assessment. National law should be
amended to require the protection of victims in
detention against secondary victimisation, intimidation
or retaliation independent of the criminal justice
process.128 Formal protocols should be adopted for
systematic individual needs assessment and assessment
of necessary protective measures for alleged victims of
ill-treatment and violence in detention.
•
Within 24 hours of arrival, an interview takes place on
personal
attention
points
and
possible
contraindicated drugs or situations;
Provide training to Detention Staff on assessing the
victim’s needs for protection against secondary
victimisation, intimidation or retaliation.
•
Establish clear and efficient protection measures for
victims and witnesses who report crime in detention.
Protective measures should include temporarily
relocating an alleged offender to a different unit or
Detention Centre, ordering a suspension measure, and
following-up regularly with the victim on existing threats
or concerns for his/her personal safety.
•
Consult with victims before implementing protection
measures.
•
Ensure secure, confidential and fast track channels of
communication for victims and witnesses to report
crime to Law Enforcement Authorities.129
“Detainees must be screened upon arrival for care needs,
safety and health care management risks and any reasons
why they should not be placed in a multi-person cell. To
this end, the following steps, among others, are taken:
•
•
•
An observation and findings form is completed on this
basis within three working days of arrival;
•
The detainee is screened within ten working days
of arrival on the security level, risk to fellow
prisoners and risk of self-harm.”127
Law enforcement and judicial authorities
•
Ensure the protection of victims and witnesses.
Protection measures should include the necessity to
keep the investigation secret from the alleged offender
and Detention Administration.
127 REDRESS, The Rights of Victims of Violent Crimes in Pre-Trial and Immigration Detention: Report on The Netherlands, March 2019, available at: https://redress.org/news/newreport-on-the-rights-of-victims-of-violent-crimes-in-pre-trial-and-immigration-detention-in-the-netherlands/. The report indicates however that this is not done for
detainees suspected of terrorism, as they are automatically placed in the terrorist wings of Detention Centres.
128 Article 22 of the 2012 Directive.
129 See recommendations above regarding access to justice.
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