In 2012 Dutch nationals were incarcerated in nearly 100 different countries. While the total number of Dutch prisoners has stabilised in the last few years, the range of countries in which they are detained has increased considerably, expanding from 57 in 1995 to 99 in 2012. The most frequent destinations are Germany, Spain, France, the Dominican Republic, Peru, the United Kingdom, Italy, Belgium, the United States and Brazil. The country in which by far the largest number of Dutch nationals is imprisoned, is Germany, which is the largest neighbour of the Netherlands and frequently visited by Dutch citizens. Just over half of Dutch prisoners are imprisoned in the EU, down from three quarters in 1995. South American countries currently imprison the largest group of Dutch nationals outside the EU. In total, 85 per cent of Dutch prisoners abroad are male and, compared to prisoners in the Netherlands, quite old, with an average age of 41 years compared to 34 years in the Netherlands.11 Less than half (43 per cent) of the Dutch prisoners were born in the Netherlands and 12 per cent were born in one of the countries of the Kingdom of the Netherlands like Aruba, Curaçao, Sint Maarten or in one of the Dutch special municipalities in the Caribbean, Bonaire, Sint Eustatius and Saba.12 Others were born in places that have seen high migration to the Netherlands, such as Turkey, Morocco and the Dominican Republic, and the former Dutch colony of Surinam. Nearly two thirds of Dutch nationals imprisoned abroad are incarcerated for drug-related offences. A similar proportion exhibited a range of personal problems before they were arrested related to money, relationships, housing. Two-thirds were addicted to alcohol, drugs or gambling. Many suffered from mental and physical difficulties.13 Nearly half of those imprisoned for drugs reported they had engaged in smuggling to ‘pay debts.’ Three quarters of them claimed they had ‘no idea’ of the risks involved in smuggling drugs and that they were unaware of the (severe) punishments it would incur. The Netherlands is known for its tolerant approach towards (soft-) drugs and possession of a small amount of soft drugs for personal use is not prosecuted. The Netherlands is a transit — and distribution country for drugs that contains an active manufacturing industry of synthetic drugs. It is therefore not all that surprising that immigration and custom authorities pay special attention to Dutch nationals when they cross borders. Detention experience Since 24 months I am in prison, it is the most difficult period in my life. (Prisoner, Belgium) Dutch nationals are usually held under the same prison conditions as national prisoners. Many complained about poor physical conditions though most were able to maintain their personal hygiene. They were also broadly dissatisfied with the food they received. There was a particular difference between those held in prisons in the EU and those incarcerated further afield where penal systems still rely on family members to bring in food. Such places necessarily disadvantaged foreigners who were less likely to have relatives able to offer this service. Wherever they were held, Dutch prisoners were often unaware of prison rules and their rights. 11. 12. 13. 14. 15. The prison food is horrible. I am paying another prisoner for a self-made meal. Because I do not receive visitors it is difficult to obtain ingredients myself. I am therefore dependant on others to receive food. (Prisoner, Morocco) Wherever they were held, Dutch prisoners were often unaware of prison rules and their rights. Despite the fact that several prison authorities have translated the rules in different languages, in practice it depends on the cooperation of prison staff to actually make prisoners aware of the availability of these documents.14 The lack of adequate (free) legal support was also often a problem. Not unexpectedly, prisoners complained about language difficulties, lack of awareness of procedures, high fees and complicated legal cases. Many were unable to prepare their legal case, receiving inadequate assistance from an interpreter during their legal case. These practices are against internationally binding rules.15 Mol G.D.,I. Henneken-Hordijk, Gedetineerd in Nederland 2007, DJI (2008) p 41. Ministry of Foreign Affairs, 2007. Vast(gelopen) in den vreemde, p53. Kalmthout, v. A.M., F. Hofstee-van der Meulen, F. Dünkel, Foreigners in European Prisons, (2007) p 21. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused. Issue 205 Prison Service Journal 53