The Dutch complaint and appeal procedure for prisoners in the light of European standards

Abstract

In the Netherlands, since the 1970s a system of rights of complaint and appeal for prisoners has been developed, the result of which can currently be found in the Penitentiary Principles Act. This system of legal protection for prisoners is unique in the world. In this chapter, the question whether the Dutch system of rights of complaint and appeal for prisoners is in line with the European standards is investigated. To this purpose, first the European standards on complaint and appeal procedures for prisoners as developed by the European Court of Human Rights and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) will be explored. Second, the Dutch system of complaint and appeal for prisoners and its historical development is investigated. Finally, the Dutch complaint and appeal procedure for prisoners in the light of these European standards is reviewed.