Weerwind criticizes plans to record conversations between prisoners and their lawyers

Minister Franc Weerwind is highly critical of two proposed amendments adopted by the Tweede Kamer, the lower house of parliament, that would allow the recording of conversations between prisoners and their lawyers. The outgoing minister said that these plans for high-security prisons violate the Constitution and the European Convention on Human Rights (ECHR). He is therefore asking the Advisory Division of the Council of State for an urgent opinion.

Ulysse Ellian (VVD) proposed that sound recordings should be allowed under certain conditions. Lilian Helder (BBB) went one step further and believes filming should also be permitted. A narrow majority in the Tweede Kamer adopted the proposals. PVV, VVD, and BBB voted in favor of the constituent parties, and only NSC voted against.

In both cases, these are proposed changes - also known as amendments - to a law that allows the minister to significantly restrict prisoners' communication. The amendments have already been voted on, but the law has not yet been voted on.

According to the minister, the amendments violate Article 6 of the ECHR and Article 17 of the Constitution. "These provisions protect the right to a fair trial and, in particular, the right to confidential communication," he said.

"On paper, the negotiating parties say that they will abide by the limits of the democratic rule of law," said Joost Sneller of D66, referring to the agreements they reached during the talks with former whistleblower Ronald Plasterk. "The ink is not yet dry, or this agreement is already being violated."

Weerwind wants to tighten the rules for prisoner communication because he wants to prevent serious criminals from communicating with the outside world from prison and thus pose a danger. The discussion about this already arose during the Marengo trial. Ridouan Taghi, who has now been sentenced, was found to have sent messages to the outside world from prison through his cousin and lawyer, Youssef T.