Filing a complaint (beklag) while in detention

• What is the complaints procedure (beklag)?
• What can you complain about?
• What is the deadline?
• How do you file a complaint?
• Suspension: temporarily stopping the decision
• What can a lawyer do?

What is the complaints procedure (beklag)?

The complaints procedure (beklag) allows people in detention to challenge decisions. The director of a prison makes decisions that directly affect your life: a disciplinary punishment, a measure to maintain order, refusal of visits or withdrawal of leave. If you think a decision is unjustified or unreasonable, you can submit a written complaint (klaagschrift) to the complaints committee (beklagcommissie).

The complaints committee (beklagcommissie) consists of members of the supervisory committee (commissie van toezicht). This is an independent committee that oversees each prison. The committee assesses whether the director followed the rules and whether the decision is reasonable and fair. If your complaint is upheld, the committee can overturn the decision and may sometimes award compensation (tegemoetkoming).

What can you complain about?

You can complain about a decision the director has made about you. Examples include:

• a disciplinary punishment (disciplinaire straf), such as placement in a punishment cell or withdrawal of visits;
• a measure to maintain order (ordemaatregel), such as placement in isolation or camera surveillance;
• refusing or restricting visits or telephone calls;
• withdrawing or refusing leave (verlof);
• failure to provide medical care through the prison (a separate procedure sometimes applies);
• a decision about your daily programme, work or belongings in your cell;
• the use of force or coercive measures against you.

General rules that apply to all people in detention are, in principle, not a “decision” you can complain about. However, you can often complain about how such a rule has been applied in your particular case.

Unsure whether your complaint has a chance of succeeding?

Have the decision assessed before the deadline passes. You can always withdraw a complaint after filing it; a missed deadline can almost never be put right.

What is the deadline?

As a rule, you must submit a written complaint (klaagschrift) within seven days of learning about the decision. This is a short deadline. If you are late, your complaint will usually be declared inadmissible (niet-ontvankelijk), unless the delay was not your fault. If special circumstances prevented you from filing on time — for example, because you were in isolation and had no paper or way to send post — explain this in your written complaint.

How do you file a complaint?

A written complaint (klaagschrift) is a letter to the complaints committee (beklagcommissie). It must include at least:

• your name, date of birth and registration number;
• the prison and unit where you are held;
• the decision you are complaining about and its date;
• why you disagree with it;
• what you want to achieve, for example, overturning the decision and receiving compensation (tegemoetkoming).

You can hand in your written complaint at the office of the supervisory committee (commissie van toezicht) in the prison. If you instruct a lawyer, your lawyer will submit the complaint and the law firm will handle the rest of the proceedings. Bear in mind that it may take some time after filing before your case is heard.

Suspension: temporarily stopping the decision

Filing a complaint (beklag) does not suspend the decision: the punishment or measure continues while the proceedings are ongoing. If you need the decision to be stopped immediately, you can also submit a request for suspension (schorsingsverzoek) to the chair of the appeals committee (beroepscommissie) of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). The chair assesses such requests promptly. A request for suspension is an urgent remedy and is granted only if the outcome of the proceedings cannot be awaited.

What can a lawyer do?

A lawyer can request the decision and case file, assess whether the director followed the correct procedure and set out the legal grounds for your written complaint. At the hearing, the lawyer speaks on your behalf and can ask further questions about the director’s reasons for the decision. Your lawyer also keeps track of deadlines and, where necessary, submits a request for suspension (schorsingsverzoek) at the same time.

Frequently asked questions

Does filing a complaint cost money?

You do not have to pay a court fee (griffierecht) for the complaints procedure (beklag) itself. Legal aid (gefinancierde rechtsbijstand) is available in many cases for assistance from a lawyer; we will discuss this with you in advance.

Will I receive compensation if my complaint is upheld?

If your complaint is upheld and the effects of the decision can no longer be reversed, the committee may award compensation (tegemoetkoming). The amount depends on the nature and duration of the decision.

What happens if my complaint is dismissed?

You can then lodge an appeal (beroep) within seven days with the appeals committee (beroepscommissie) of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). Our page on appeals explains how this works.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.