Dutch defense lawyers refuse prison communication rules, cite risk to legal defense
A group of criminal defense lawyers working with clients in the Netherlands’ most heavily secured prison units, including the Extra Beveiligde Inrichting (EBI) in Vught, is refusing to comply with strict new communication measures, saying the system makes legal representation unworkable, NOS reported. The dispute comes after incidents in which a lawyer was removed after prison staff mistook a leg tattoo for a concealed message, and another group was prevented from sharing digital documents or showing laptop screens to detainees.
The Dutch Association of Criminal Lawyers (NVSA) has urged State Secretary for Justice and Security Claudia van Bruggen to scrap the measures entirely. The association argues the restrictions, introduced in November following changes to prison legislation, undermine confidential communication between lawyers and clients held in high-security units such as the EBI in Vught and Intensive Supervision Departments (AIT) in other prisons.
According to the NVSA, a group of defense lawyers previously staged a temporary strike over what they described as overly intrusive surveillance. They specifically objected to extensive camera monitoring, which they say made confidential consultation impossible. In response, prison authorities lowered camera resolution in early March so that lip reading from footage would no longer be possible.
The current rules require that all lawyer-client meetings are monitored by cameras without audio. Lawyers are also prohibited from communicating with clients while covering their mouths. Any perceived violation can result in an immediate interruption of the meeting, and a prison director can decide whether the consultation continues or whether the lawyer must leave the facility.
The NVSA says these conditions remain unacceptable. In a letter sent Friday to Van Bruggen, the association stated that “the existing concerns about the lack of confidentiality have not been removed and it must be established that the situation is still unworkable at this time.”
The lawyers involved say they will not comply with the restrictions as long as they remain in force. They warn that enforcement—particularly interruptions or premature termination of consultations—could lead to significant delays in ongoing criminal proceedings involving serious suspects.
The association also criticizes rules banning disguised communication and restricting the sharing or viewing of (digital) documents during consultations, arguing these measures make “adequate legal assistance” impossible.
The government introduced the tightened regime in November to prevent high-risk inmates from using legal consultations to communicate with the outside world and potentially continue criminal activities.
