Assisting Dutch Nationals
Imprisoned Abroad
Femke Hofstee-van der Meulen is Inspector of prisons at the Dutch Inspectorate of Security and Justice.1
’For those arrested outside their own country, detained hundreds of miles from home,
unable to speak the local language, ignorant of the local legal system and with no idea of who to turn to
for help, consular assistance provides a lifeline. It is, however, a public service which has been subject to almost
no detailed examination whether by academic institutions, bodies like Fair Trials International or even Ministries
of Foreign Affairs themselves.’
Fair Trials International, November 2009.
Introduction
Worldwide just over 10 million people are in prison2
and more than 460,000 are confined in a country of
which they do not have the nationality. This is a
considerable sum and it is likely that the total
number will continue to rise due to further
globalisation. In the European Union, more than
one in six prisoners is a foreign national.3
Heterogeneous prison populations are more
complex and therefore more difficult for prison staff
to manage.4 Foreign national prisoners are also
considered a ‘vulnerable group’5 by international
monitoring bodies, as they face additional
difficulties as a result of their foreign status and
have fewer opportunities to exercise their statutory
rights. It is also more difficult for them to prepare
for their resettlement and address offending
behaviour, which is costly for societies as a whole.
Despite the high number of foreign national
prisoners in many penal systems, they remain, in many
respects, a ‘forgotten’ group of prisoners. This article
examines the particular circumstances of imprisoned
Dutch nationals, of whom 2,500 are incarcerated
outside the Netherlands.6 Drawing on a wider research
project with this group it explores how these prisoners
experience incarceration, and the particular needs they
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have as foreign national prisoners, such as legal
information, help in contacting the outside world and
preparation for release.7 In this context, the article
examines the unusually high level of support and
consular assistance that is provided to Dutch prisoners
abroad, and the impact that it had on their detention
experience in prison and their preparation for release.
To gather the data, I sent a questionnaire to all Dutch
nationals in foreign prisons, to all prisoners’ families, and
to a selection of consular staff. In addition to that
quantitative data I interviewed 46 prisoners during their
period of confinement abroad and 10 after release. I also
interviewed some of their relatives, staff at the Ministry of
Foreign Affairs, and a selection of staff and volunteers at
the International Office of the Dutch Probation Service
and ‘Epafras’. The latter is a religious organisation that
provides support and assistance alongside the Ministry
and the Probation Service.8
Profile of Dutch nationals detained abroad
In the last 25 years the total number of Dutch
prisoners abroad has more than quadrupled: from 579 in
1988 to 2,459 in 2012.9 This group is similar in number
to the British nationals incarcerated overseas (2,582),
despite the fact that the British national population is
nearly four times the size of the Netherlands.10
The author has worked at the Council of Europe in Strasbourg, the European Parliament in Brussels and at the International Centre for
Prison Studies (ICPS) in London. In the Netherlands, she established Prison Watch (www.prisonwatch.org), an independent
organisation that carries out research on prison related topics for national and international (non) governmental organisations and
universities. She is planning to finish her PhD in 2013.
World Prison Brief, International Centre for Prison Studies at www.prisonstudies.org/info/worldbrief
Kalmthout, v. A.M., F. Hofstee-van der Meulen, F. Dünkel, Foreigners in European Prisons, (2007) p 7.
14th CoE Conference of Directors of Prison Administrations (CDAP), Vienna, 19-21 November 2007.
4th Annual Report SPT (3 February 2011) Paragraph 107. j) and CoE, CPT Standards (2010) §52, p 16.
TK 30010 Letter nr. 18 by Minister of Foreign Affairs to Parliament ‘Gedetineerdenbegeleiding buitenland’ 10th July 2012, p 1.
UNODC Handbook on Prisoners with special needs (2009) p 80-88.
The research reported here was collected for a PhD thesis due to be completed in 2013. The data are based on a questionnaire
distributed to 2,606 Dutch nationals in foreign prisons (response 584 from 54 countries), a questionnaire for prisoners’ family
(response 248) and questions for consular staff at Dutch diplomatic missions (response 83 countries). The qualitative data consist of indepth interviews with Dutch prisoners during detention (46), ex-prisoners (10), relatives of prisoners (15), consular staff at diplomatic
missions (14), consular staff at ministry of Foreign Affairs (4), visiting volunteers of Dutch Probation Service (11), staff from
International Office of Dutch Probation Service (5), chaplains of Epafras (8), staff from Epafras (2) and letters from prisoners (48).
Dutch Ministry of Foreign Affairs, June 2012.
BBC about Foreign Office figures in article ‘Over 1,000 Britons are jailed over drugs abroad’, 3rd February 2010.
Prison Service Journal
Issue 205
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