Despite the physical distance from their families,
most Dutch prisoners managed to maintain contact
with the outside world. Due to the costs associated
with traveling to see them, only one in three reported
being visited by a relative. Instead, they were largely
dependent on telephone calls and postal services, the
latter of which was often expensive and the former
unreliable. Dutch prisoners were usually aware of their
right to contact their diplomatic mission and able to
establish contact with officials.
They were very negative about their inclusion in
the general life of the prison. Many criticised interaction
with prison staff. Linguistic barriers were seen as one of
the reasons for this but also because they felt that they
were treated as a ‘number’ rather than a human being.
They were less negative about their interaction and
communication with other prisoners, although they
were critical about a general lack of activity.
Dutch prisoners found it
difficult to participate in
reintegration activities and they
did not feel prepared to return to
society. In the questionnaire they
indicated a long catalogue of
needs once released. At the top
of their list was the essential
requirement of finding a place to
stay and an income, followed by
needing to see a doctor and to
arrange
paperwork.
Most
prisoners
regarded
their
experience of imprisonment as
the most important personal
reason for not reoffending. One man explained that his
confinement abroad felt like a ‘nightmare.’ His
experiences had made him also cynical and suspicious.
Another, who had smuggled drugs, concluded that the
promised profit of his criminal act was ineradicably
outweighed by his loss of freedom. A third man felt he
was in the middle of a bad ‘B-movie’ in which he had to
be on his guards all the time. Relatives of prisoners
reiterated these views, giving more examples of the
negative impact of the imprisonment abroad. For one
mother it was a ‘devastating period’ when she felt
completely powerless and uncertain about the outcome
of the case and how her son could survive.
Ex-prisoners who returned to the Netherlands
found it very difficult to reintegrate. Several admitted
during imprisonment that they felt ‘scared’ about their
release and what would happen. One ex-prisoner
indicated that the period after release was more
challenging than his confinement. He felt completely
on his own and unable to solve his new problems. Most
prisoners experienced difficulties, especially in the first
weeks and months after release. Obstacles included
becoming registered again in a municipality, obtaining
official papers, finding a shelter or housing and an
income. Municipalities in the Netherlands deregister
persons who have not been living in their community
for a while, so while they are responsible for providing
aftercare to ex-prisoners in their community, without an
official registration it is not possible to receive support
or to make use of a shelter. As a result many, exprisoners have to rely for months on support from their
families. One prisoner who already knew he could not
receive support from his family expected to camp at
Amsterdam Central train station.
Consular assistance to Dutch nationals in
foreign detention
In contrast to their sense of
being without help after release,
a number of the prisoners I
interviewed
had
received
considerable assistance during
their imprisonment from a range
of Dutch organisations and
individuals.
Whether
the
Netherlands provides consular
assistance to Dutch nationals is
up to the Ministry of Foreign
Affairs and other organisations
involved. In practice the
Netherlands consistently provides
consular assistance to Dutch
nationals in foreign prisons, although this is not an
absolute right. There is no Dutch Consular Act, like that
in Germany, from which prisoners can derive rights, and
the starting point of the Dutch Ministry of Foreign
Affairs is that, under existing international law, states
are not formally required to provide consular
assistance.16
There are three main organisations in the
Netherlands that provide consular assistance to Dutch
nationals in foreign detention. These are the Consular
Affairs and Migration Policy Department at the Dutch
Ministry of Foreign Affairs in cooperation with the
Dutch diplomatic missions, the International Office of
the Dutch Probation Service17 and the religious
foundation Epafras. Each organisation has its own aims.
The conditions under which Dutch nationals are
imprisoned abroad and the kind of consular assistance
they receive (or not) has been under discussion in the
parliament and in the press over the last 25 years.
Widespread concerns about these conditions have led
Most prisoners
regarded their
experience of
imprisonment as
the most important
personal reason for
not reoffending.
16.
17.
54
Letter from Minister of Foreign Affairs to Dutch parliament in 2002. This statement was supported by a court decision of the Court in
The Hague in 2004 and a decision of the Dutch National Ombudsman in 2006.
Dutch translation for ‘Bureau Buitenland’.
Prison Service Journal
Issue 205
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