Annual Report 2015
4.
Irregular migrants
Detention
Functioning of the immigration chain
The Inspectorate VenJ, in cooperation with the IGZ, conducted an investigation in
2014 into the compliance with the recommendations arising from the incident-based
investigation into the death of Alexander Dolmatov. These recommendations related
to, inter alia, the use of due care in connection with the stay of a foreign national in
a custody complex and the provision of medical care in detention centres. The NPM's
annual report over 2014 stated that visible results had already been achieved and
that many professionals are very willing to continue to work on improving matters.
Some aspects still require additional efforts, however. This applies, in particular, to
the staff chain awareness training and the exchange of medical data. The Ministry of
Security and Justice in this connection drew up the Guide on the exchange of
medical data in the immigration chain in 2016. This Guide details the when, who
and how of the exchange of medical data on foreign nationals.
Investigation into the death of an asylum seeker in a detention centre
The Inspectorate VenJ investigated the death of an asylum seeker in a detention
centre. In so doing, it investigated whether the procedures, including the
immigration-law procedures, have been properly followed from the time of entry of
the asylum seeker into the Netherlands till the time of his death. The Inspectorate
VenJ found that the immigration chain officials involved properly performed their
duties with respect to the quality and the implementation of the procedures
followed. The staff had received no signals from the asylum seeker himself, his
lawyer or the medical professionals that the asylum seeker suffered from any
medical particulars. The asylum seeker concerned was awaiting his removal on the
basis of a Dublin claim.
However, some points of attention with respect to the recording and exchange of
possibly relevant information were identified during the investigation. The State
Secretary of Security and Justice has stated to agree with the essence of the
recommendations by the Inspectorate VenJ. In consequence, a provision that the
assistant public prosecutor or the designated Repatriation and Departure Service
official has to motivate why a measure less severe than immigration detention was
not opted for has been included in the procedure.
Supervision of the detention areas of the Royal Netherlands Marechaussee
The Detention Areas Supervisory Commission of the Royal Netherlands
Marechaussee supervises the cells actually in use by the Royal Netherlands
Marechaussee. The Commission has identified major concerns. These risks and
problem areas do not relate to the treatment of the detainees as such, but mainly to
the maintenance of the facilities. The state of maintenance of the shower and toilet
facilities in the Schiphol holding area needs attention, for instance. The intensity of
the use of the location varies. Cells that are intensively used, be it for shorter or
longer period, need to be equipped with sufficient provisions, including food, drink
and sanitary facilities. The hygiene and the state of maintenance of the showers and
toilets at Schiphol remain items to be addressed. The available staff also needs to
be properly trained. With respect to the cells at Rotterdam Airport, the Commission
is of the opinion that the brigade has to better organise and safeguard the provision
of care to detainees, rendering it less dependent on the individual official on duty.
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