NCJ Number
203103
Journal
Journal of the Institute of Justice and International Studies Issue: 1 Dated: 2002 Pages: 23-33
Date Published
2002
Length
11 pages
Annotation
This paper provides an overview of the theory and practice of prisoners' litigation in the Netherlands.
Abstract
Following a review of Dutch criminal law, the criminal justice system, and penalties, the paper describes the Dutch prison system and prison population characteristics, as well as the features of penitentiary law. The latter discussion includes a listing of the most important inmate "rights" and "obligations" under Dutch law. Prisoners' material and formal (procedural) rights are absolute (must be respected under all circumstances) or relative (can be granted, denied, or modified). Every prisoner is allowed to make a request or complaint without censorship as to substance, but in proper form, to the central prison administration, the judicial authority, or other proper authorities. An overview of some prisoners rights litigation cases notes that one-fourth of all inmate complaints against decisions by the governor pertain to disciplinary sanctions. Another important issue in litigation cases involves placement decisions. Refusal of requests for temporary leave from the institution is another frequent subject of litigation. Research has indicated that only a small percentage of inmate complaints are deemed trivial. 19 footnotes