3 Advisory activities
In 2014 the RSJ issued three recommendations relevant for goals of the NPM. In addition, the
Council pronounced one judgment in its judicial capacity of a situation characterised as a
violation of article 3 ECHR.
3.1 Custodial institutions
Personal contribution to detention
The Council was consulted about the draft legislative proposal ‘Prisoners Personal
Contribution Towards Their Stay’, which makes it possible to charge a personal contribution
of € 16 a day to prisoners for their stay in a penitentiary institution or forensic psychiatric
centre or to impose a hire charge on electronically-tagged offenders for an electronic ankle
bracelet. The Council considers the draft legislative proposal to be contrary to the principle
of resocialisation. The proposed personal contribution does not take account of the very
limited possibilities for prisoners to generate income. In many cases, they will have accrued
a debt after the end of the prison sentence which, when added to the existing debts many of
them have, will impede reintegration. In addition, the proposed personal contribution is
disproportionate to the limited remuneration for prison jobs. Second, the proposal is contrary
to the principle of minimum limitations. The Council considers the personal contribution
to be de facto additional punishment and therefore to be contrary to the principle that the
prison sentence itself involves the deprivation or limitation of liberty, but does not limit the
prisoner in their lifestyle any more than the situation of detention necessitates9. In spite of the
Council’s objections, the Dutch government did not follow its recommendation. The House of
Representatives in April 2015 adopted the proposal on the personal contribution.
Persons called to report themselves
In addition, the Council issued a recommendation on individuals having to report themselves.
These individuals are sentenced to a punishment involving the deprivation of liberty and are
called to report themselves to a prison. The Ministry of Security and Justice intended to shorten
the period within which detainees are to report themselves to undergo their prison sentence
to three weeks. The Council believes that a possible objection and appeal procedure against
the fixed reporting date cannot be completed in this period. The Council finds that this would
turn the existing regulations on legal status illusory. In fact, the convicted person would even
be partly prevented from exercising the rights they are entitled to by law. The Council is of the
opinion that the period must be at least four weeks. On the basis of the recommendation by
the Council, the proposed period was lengthened to four weeks.
9
Custodial Institutions Act, Section 2, and European Prison Rules, Article 102.2.
16
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