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Ministry of Justice and Security
Monday, 7 November 2022 - 09:20

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Gov't must do more to let Dutch prisoners abroad finish sentence in Netherlands

The Dutch government must put in more effort to let Dutch people imprisoned abroad finish their sentence in the Netherlands, services involved told NRC. Rules and regulations often stand in the way of transfer, which is not only bad for the prisoner and their loved ones, but for society as a whole.

About 1,600 Dutch people are imprisoned abroad, according to the Foreign Office of the Netherlands Probation Service. Most of them would serve the last part of their sentence in the Netherlands if they could, a previous study by the service showed. And that is also in society’s interest. Because if they spend some time in Dutch detention, these prisoners also fall under the probation service, which can help them return to society and prevent recidivism. If people return to the Netherlands after serving a prison sentence abroad, this happens without the supervision of the authorities.

According to the Probation Service and Dutch&Detained, a foundation that helps Dutch people imprisoned abroad, the rules around prisoner transfer are restrictive and confusing, especially because they stem from various different treaties with different countries.

For example, a Dutch prisoner can request a transfer to the Netherlands. After provisional approval, a Dutch court determines the length of the sentence still to be served. Sometimes, the Netherlands converts the penalty to Dutch standard. Regularly, this results in the other country finding the remaining sentence too short and rejecting the transfer request, Veerle Goudswaard of Dutch& Detained explained to the newspaper.

The Netherlands’ rules also state that prisoners must have at least six months of their sentence left to be transferred to the Netherlands. So if the maximum Dutch sentence is more lenient than the time already served abroad, the prisoner cannot qualify for transfer.

A 2020 study commissioned by the Probation Service showed that about 800 people imprisoned abroad return to the Netherlands each year. About 70 percent do so of their own accord, without serving time in the Netherlands. That has consequences for recidivism, the Probation Service said. People who serve the last part of their sentence here have access to regular aftercare programs, for example. And the Probation Service can attach conditions for their return to society and monitor that it is happening safely.

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