Annual Report 2015
explained by historical reasons of shortfall in capacity, is currently no longer needed,
nor justified. In addition, the RSJ recommends that it be investigated whether a
longstay facility can be set up in a second clinic and to:
•
reinforce the practice of temporary transfer ("time-out"), pursuant to Section
13 of the Hospital Orders (Care) Act if it proves to be impossible to arrive at an
alternative means to obtain the required second opinion;
•
introduce an objection and appeal procedure with respect to the internal
transfer of TBS longstay patients.
In his response to this advice, the State Secretary of Security and Justice has stated
that the small - and decreasing - number of longstay patients does not justify the
establishment of a second location. He will, however, make a start with decreasing
the longstay capacity at PI Vught, except for the Specialised Intensive Care Unit. As
this clinic will keep its monopoly position, it is requested to implement the
recommendations proposed by the RSJ to improve the (legal) position of those
under a hospital order. In the short term, a greater focus will be provided to the socalled "time-out placements" at other clinics. The State Secretary's response does
not address the recommendation to introduce an objection procedure for internal
transfers.
Judgment on appeal
In addition to giving advice, the RSJ is also charged with administering justice. This
duty is performed by the appeal committees within the RSJ. These appeal
committees, acting as a court of appeal, review judgments on persons being
sentenced to a term in prison or a measure involving the deprivation of freedom.
The RSJ in 2015 received a notice of appeal relevant to the objective of the
OPCAT.28
The appeal concerns a complaint on extending supervision measures during visiting
and exercise times. The supervision measures were implemented as the
complainant was placed on a list of detainees posing a flight or social risk. Ever
since the complainant was transferred to the current penitentiary of stay, the
complainant has to have his exercise time alone, due to the structure of the
building. The complaints judge had previously considered the complaint to be
unfounded.
The appeal committee is of the view that the decision to implement supervision
measures with respect to visiting times has been properly substantiated. However,
the having to exercise alone is near to being at odds with, inter alia, Article 3 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR). Yet this decision by the governor of the penitentiary institution
still meets the requirements of fairness and reasonability. The appeal was,
therefore, declared to be unfounded. The appeal committee does expect the
governor to expressly consider alternative solutions when extending the supervision
measures.
28
Judgment on appeal of the RSJ of 7 December 2015, 15/2880/GA.
28
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