This is apparent from a letter from Minister Weerwind (Legal Protection). At the end of last year, his predecessor Dekker announced that he wanted to better isolate serious criminals in captivity. His aim, for example, was to prevent them from setting up a company from prison. But according to Weerwind, there is no stopping that. “I have researched this and have come to the conclusion that it is complex to shape a general ban on the incorporation of legal entities.” Such a ban would be in conflict with the ‘rehabilitation principle that allows detainees to take an active part in society again’.
There were also plans for the legal profession to prevent things from going wrong again, such as with lawyer Youssef T., Ridouan Taghi’s cousin. For example, lawyers would only be allowed to visit criminals in the EBI in pairs. This resulted in strong opposition from the legal profession. The proposal appears to have already been dropped. “Further investigation shows that a 4-eyes principle, whereby a second lawyer is required to be present with knowledge of the complete file, is contrary to the constitutional right to a free choice of lawyer, and is therefore not allowed,” Weerwind reports. Not even an extra ‘listener’ is allowed to attend. However, there will be a national supervisor of the legal profession who will be ultimately responsible for supervising the legal profession.
The legal profession is in control
Despite previous strong language from the cabinet, Weerwind must now recognize that the legal profession is in full control, even when it comes to assisting family. “Like my predecessor in office, I find it difficult to argue that lawyers assist clients with whom they have a close personal or family relationship. The current code of conduct therefore already requires lawyers to consider whether they can assist a client, in view of the core value of independence.”
Additional prisons
The construction of additional prisons is progressing somewhat more smoothly. There will be four ‘judicial complexes’ where trial and detention can be combined. The one at Schiphol should be ready by the end of this year and in Vlissingen by 2028. Such complexes should also be built in Vught and Lelystad, but it is not yet known when exactly they will be ready.
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Franc Weerwind, Minister for Legal Protection.
DIJKSTRA BV
In addition, work is being done on the space in the EBI where serious criminals can be tried via a video link. Former minister Dekker wanted to apply this as standard, but a letter from his successor shows that aim is not so firm. “We have been commissioned to create two rooms in the EBI where detainees, together with their lawyers, can digitally participate in their lawsuit,” explains Weerwind. “Due to safety measures, the construction work takes more time than a regular construction activity. Nevertheless, the installation will be delivered this year and will be put into operation in the first half of 2023. The lawyer can choose whether to participate in the process with the client in the EBI or in the courtroom.”
Risk
But stricter supervision is not just a matter of building more locations and judging via video, Weerwind believes, following his predecessor. “I believe that the rules for a certain category of detainees should be stricter. I am referring to detainees with a higher risk profile, for example detainees in the EBI. Where current laws and regulations are not sufficient for this, I will adjust them.”
For example, it is being examined whether the Italian Article 41-bis of the Prisons Act can also be introduced in the Netherlands. This article makes it easier to isolate prisoners, but an investigation has first been launched to find out whether this is possible in the Netherlands. That takes about a year. According to Weerwind, parts of that regime are possible more quickly. For example, criminals at risk of flight are already placed in the EBI, just like criminals who are threatened with continued criminal activity.
Eavesdropping
According to the D66 minister, more checks are also being carried out. “Surveillance measures can be imposed on detainees at high risk. This includes recording and listening in on telephone conversations, screening visitors and conducting cell inspections more frequently.” Staff are also monitored more closely. Employees will soon be able to be checked daily for new criminal data, and not just at the start of an employment contract.