NCJ Number
88539
Journal
Contemporary Crises Volume: 7 Issue: 2 Dated: (April 1983) Pages: 155-170
Date Published
1983
Length
16 pages
Annotation
The Netherlands has traditionally sought to minimize the use of imprisonment and create socializing and humane prison conditions, and in recent years, lawyers and inmates themselves have sought to expand prisoners' rights.
Abstract
In the early development of imprisonment in the Netherlands, the emphasis was on short prison terms and the limited use of prisons. This has contributed to the fact that the prison system has not significantly increased in size in the last 140 years, although the population has increased fourfold. Resocializing measures have been sought in the improvement of material as well as the personal conditions of imprisonment. There has been encouragement of group work, creative activities, discussion groups, and limitations on censorship. In 1964, the Minister of Justice announced a strengthening of the internal legal status of prisoners. A commission of advice was established toward this end. The granting of rights was part of a vision of a humanized criminal law. The Coornhert League, a society that advocates criminal justice reform, has focused on prisoners' rights, and law students have responded enthusiastically to the League's activities. In 1977, a new law was enacted that allows prisoners a right of complaint in a number of cases. The prisoner must be granted a hearing and can be assisted by counsel. The decision of the Complaints Commission may be appealed to the Appeals Commission of the Central Advisory Council in The Hague. Prisoners are also making increasing use of the civil law summary proceedings, particularly where the complaint system is lacking. Further, the national ombudsman acts as a complement to, rather than as a substitute for existing administrative-legal channels for dealing with prisoner grievances. New procedures have also been adopted concerning parole and extension of detention at the Government's pleasure. Overall, prisoners are demonstrating a greater legal competence which provides continuing pressure for the system to respond to prisoners' aggressive pursuit of the resolution of grievances. Twenty-seven notes are provided.