Dutch advisory council warns hardline prison policies may backfire
The Council for the Administration of Criminal Law and Juvenile Protection (RSJ) issued a rare public warning Thursday, criticizing the Netherlands' increasingly harsh treatment of the country's most dangerous inmates. In a letter of concern published alongside its regular advice on three regulatory changes, the independent advisory council to the Dutch state secretaries of Justice and Security, Legal Protection, and Health, Welfare and Sport warned that the tougher approach could cause lasting harm to society, De Volkskrant reports.
Han Moraal, chairman of the RSJ since 2022, said in an interview with De Volkskrant that the council’s concerns are mounting daily. "The security measures for prisoners under the harshest regimes are stacking up at a rapid pace," Moraal said from his office in The Hague. "That is why we are publishing this letter."
The RSJ has already issued seven separate recommendations in recent years regarding the treatment of this inmate group, and an eighth is in preparation. "In a sense, yes," Moraal said when asked by De Volkskrant if the council believes the limit has been reached. "It is up to politicians and judges to set limits. The RSJ prefers to use terms like 'unwise.' But from this letter, you may deduce that we think: people, we are at risk of going too far. First evaluate the effect of the recent legislative changes. Is this policy even effective? That is where we place our question marks."
Moraal pointed to several examples of intensified restrictions. The standard placement duration in the Extra Secure Facility (EBI) in Vught has been extended from six months to twelve months. A new unit, the Intensive Supervision Department (AIT), has also been introduced. In many cases, inmates held in an AIT — a small-scale unit within a regular prison — experience detention conditions almost as severe as those in the EBI.
Telephone rights have also been restricted. Since the end of 2022, many EBI inmates are allowed only one monitored phone call per week instead of two. Their conversation partners must undergo screening and are only permitted to call from designated locations, such as a police station, where officials ensure that no criminal contacts are listening or participating.
The Dutch cabinet has proposed even tighter restrictions. Under new plans, partners and family members would no longer be able to make these monitored calls from police stations but would instead have to visit prisons for conversations. The same rule would apply to the relatives of all AIT inmates. The RSJ stated that these new restrictions would "seriously limit, if not make impossible," contact with the outside world for a growing group of detainees.
"Thus, prisoners become even more isolated, increasing the risk that they become frustrated and harden," Moraal warned. "This leads to more insecurity, both inside and outside prison walls. Minister Piet Hein Donner once phrased it aptly: if you treat prisoners like animals, they will return to society like animals. He was right."
Following the Marengo trial, involving Ridouan T., three people were killed, including a lawyer and a journalist. One of T.'s lawyers was convicted for acting as a communication channel for his client. Two other attorneys are currently imprisoned. When asked by De Volkskrant if it is understandable that politicians are pushing for tougher measures to prevent further tragedies, Moraal said, "That measures are taken in certain cases, we understand. Regarding the name you mention, of course I have an image — which I do not wish to elaborate on. If there are indications that someone is running a criminal organization from their cell, the state must intervene. But beyond the examples you cite, the RSJ is unaware of other incidents that would justify imposing ever-stricter supervision on an ever-larger group of prisoners."
When asked about the arrest of a third lawyer associated with T., and whether it would trigger calls for even stricter measures from the Tweede Kamer, Moraal replied, "I certainly hope not. Measures have already been taken, and camera surveillance is now possible during lawyer visits. That Tweede Kamer members are shocked by these reports, I understand. But the government must always base its actions on laws and regulations, and never stoop to the methods of organized crime. The punishment is that you take away criminals’ freedom, not that you make their imprisonment even harsher."
Moraal stressed that applying these intensified measures to a much broader group is a dangerous development. "Where we are concerned is that measures originally meant only for a few prisoners in the EBI are now being expanded to cover everyone in the EBI and all inmates in an AIT. We say: reserve this for the roughly five to ten most dangerous inmates, not for about a hundred people."
The number of prisoners subject to the harshest regimes is reportedly steadily growing. A second Extra Secure Facility is being built in Vlissingen, providing space for 36 inmates. Together with Vught, this will bring the total number of EBI spots to 60. Meanwhile, the number of AIT spots will increase from 49 to 126.
The tougher policies have triggered a rise in legal complaints filed with the judiciary section of the RSJ, which operates independently of its advisory role. "In 2024, we received more than 7,000 complaints per year, primarily from inmates," Moraal said, noting an increase of more than 17 percent compared to two years earlier.
Asked by De Volkskrant what final message he would like to send to the Tweede Kamer, Moraal said, "Be careful. Examine whether it is really necessary to become even stricter for this group of detainees. Do not do it just because you think voters like the idea of an ever-stricter penal climate. Because this policy could cause a great deal of harm to society in the long run."
