2.1 Adult litigants
Penitentiary institutions
Because of the imposed budget cuts and the reduced need for cell capacity, the Custodial
Institutions Agency has drawn up the Masterplan 2013-2018. Based on this plan various
penitentiary institutions were taken out of use in 2013 and 2014. Several locations are adapted
for the reception of asylum seekers under the responsibility of the Central Agency for the
Reception of Asylum Seekers. In 2014, 29 sites were designated as a penal institution.
Until 2014, the Inspectorate supervised the penitentiary institutions through screening. This is
a standardised research method with which a comprehensive judgement is given on the quality
of the performance of tasks by an individual organisation. These screenings were carried out in
accordance with the Assessment framework for the screening of penitentiary institutions. This
assessment framework is based on the current national and international laws and regulations
and the daily performance practice. With the screenings in recent years, a positive picture
emerged on the quality of the implementation of sanctions and measures in the Dutch system.
Supervision reveals no evidence of torture, or other cruel, inhuman or degrading treatment or
punishment6. The quality of performance, detaining and simultaneously contributing to the
return to society meet the requirements and standards of the assessment framework.
Due to the implementation of the Master Plan Custodial Institutions Agency 2013-2018,
penitentiary institutions are faced with a number of diverse and far-reaching changes
for detainees and staff: austerity of the regimes, more intensive multiple cell occupancy,
optimizing staffing, a new daytime program, the closing down of institutions and wards and
related large-scale staff turnover and losses in 2014. These changes may pose a risk for the
continuity of the institutions and therefore the humane treatment.
For an effective insight in the implications for the quality of detention of these changes the
Inspectorate VenJ started the development of risk-based supervision in 2014. Based on a risk
analysis, the Inspectorate VenJ focused on three aspects: the detention climate, aggression
control and reintegration efforts within the prison system. The report with findings,
conclusions and recommendations will be available in 2015.
Furthermore, the Health Care Inspectorate reported on its nationwide visits to the detention
centres in 2014. The main conclusion from this research is that there is a responsible medical
care in detention centres. The IGZ finds that the collection of data and the initial medical
examination at the time of arrival are performed in time and with due care. The agreements on
the timely engagement of a doctor and/or psychologist are observed in practice. In addition,
the various protocols, working instructions and flows of information have been clarified and
become better connected, while investments were made in increasing the expertise of the staff
6
In a judgment by the appeal committee of the RSJ, the treatment of a specific detainee is indicated as
a violation of article 3 ECHR, see paragraph 3.1.
7