‘The Netherlands falls short in dealing with Dutch nationals convicted abroad’

The Netherlands must deal better with convicted compatriots abroad. This is the opinion of the Council of the European Union after its own investigation de Volkskrant Monday message. The Dutch government would fail, especially in dealing with Dutch nationals who have been convicted abroad, but who want to serve their sentence here. The researchers spoke with, among others, Dutch lawyers and judges, and employees of the Ministry of Justice and Security.

The Council sees a “clear lack of conformity” with European legislation in the Dutch regulations de Volkskrant from the investigation. The researchers also consider the multiplicity of agencies involved in sentencing procedures to be undesirable. The large number slows down that procedure. Moreover, unlike other EU countries, the Dutch judicial process does not involve the detainee in the procedure that determines whether he will be transferred to the Netherlands. To reach that decision, other European countries are organizing special hearings. This procedure is of great importance to the detainee, as it determines the level of the sentence. Lawyers have previously indicated that they have great difficulty with Dutch legislation and regulations.

Smoother rules

In the Netherlands, the Minister of Justice and Security, currently Dilan Yeşilgöz-Zegerius (VVD), determines whether a sentence may be served here. This situation does not sit well with the Council of the European Union. The EU calls for an independent judge to decide whether a Dutch prisoner may serve his foreign sentence here. Opposite de Volkskrant the Ministry of Justice and Security did not want to comment on the content of the investigation.

The findings of the Council are in line with the criticism previously voiced by interest groups that assist Dutch prisoners abroad. Organizations such as Dutch&Detained argued for more flexible rules to allow prisoners in the Netherlands to serve their sentences. Sentence transfer still happens too little, according to the authorities. Because even if a country agrees, Dutch rules and guidelines create too many obstacles. Currently, about 1,600 Dutch people are stuck abroad.

Read also: ‘Justice thinks it’s fine if prisoners stay abroad’

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