Prosecutors unjustly worried that life sentence would mean no treatment for convict

Prosecutors and judges are unjustly concerned that someone sentenced to life in prison will be released without treatment, according to a report by the Advisory Board for Life Sentenced Persons. Release after 25 years in prison is very rare and only happens after a proper psychological assessment, the committee said, NOS reports.

In several recent cases, it appeared that prosecutors and judges are hesitant to impose a life sentence because they consider it a risk that the convict will be released after 25 years without undergoing treatment. They therefore opt for a long prison sentence followed by compulsory TBS - institutionalized treatment. TBS can theoretically be extended indefinitely.

This recently happened in the case surrounding the sexual abuse and murder of 9-year-old Gino van der Straeten, the murders at a care farm in Alblasserdam, and the triple murders in Rotterdam. In the latter two cases, the perpetrators were sentenced to life after long consideration.

But according to the Advisory Board for Life Sentenced Persons, there seems to be a misconception. Before a person serving a life sentence becomes eligible for resocialisation and possible release, they always undergo assessment to see whether they still pose a danger to society. That includes psychiatric assessment in the Peter Baan Center. If a disorder is found, the person can still be placed in a TBS clinic.

Data from the committee shows that the chance of someone being released from a life sentence without treatment is minimal in practice. Since 2017, the committee has issued advice on reintegrating for seven people, three negative and four positive. The four who became eligible started their reintegration from prison or a forensic psychiatric clinic. So far, only one of them has been granted a pardon in 2023.

This system of possible reintegration after 25 years was introduced in 2017, after the European Court of Human Rights reprimanded the Netherlands for not giving prisoners the prospect of being released again one day. The system states that after 25 years in prison, the Advisory Board will assess whether the person is eligible for reintegration and eventual release. The review by the Advisory Board alone takes three years. If the person is eligible for reintegration, they follow another years-long process covering all kinds of factors, including training on the current digital skills, and probationary leave.

Separate from this arrangement, two other people were granted pardons by the Minister of Justice and Security in 2021 after lengthy legal procedures.