The complaints hearing (beklagzitting)

• What happens before the hearing?
• Who attends the hearing?
• What happens during the hearing?
• How can you prepare?
• The decision
• With or without a lawyer?

What happens before the hearing?

Once your written complaint (klaagschrift) has been received, the secretary of the supervisory committee (commissie van toezicht) asks the prison director for a response. The director sends the written decision and often also reports or records. These documents should also be provided to you or your lawyer, so that you know what the director is relying on. If any documents are missing, you can ask for them before or during the hearing.

Who attends the hearing?

• The complaints committee (beklagcommissie) — usually a chairperson, sometimes with two other members, assisted by a secretary.
• The prison director or a representative, such as a wing manager or legal officer.
• You, as the person making the complaint, unless you say that you do not wish to attend.
• Your lawyer, if you have instructed one.

The hearing usually takes place in the prison itself. In some cases, a case is dealt with in writing or heard by video link, for example if you have since moved elsewhere.

What happens during the hearing?

A complaints hearing (beklagzitting) is less formal than a criminal court hearing, but it is still a serious matter. It usually proceeds as follows:

• The chairperson briefly summarises what the complaint is about.
• You or your lawyer explain the complaint.
• The director gives their side of the story.
• The committee asks both sides questions.
• You have the final word.

The hearing is often short, sometimes lasting no more than ten to fifteen minutes per case. This makes it especially important to explain your case clearly and to the point.

Practical tip

Write down exactly what happened beforehand, including dates and times, and how it affected you. Specific facts carry more weight than general dissatisfaction.

How can you prepare?

• Read the director's decision and the reports carefully.
• Note which points are factually incorrect and why.
• Gather anything that supports your position, such as witnesses on your wing or written documents.
• Think about what you want to achieve: having the decision overturned (vernietiging), compensation (tegemoetkoming), or both.

The decision

The complaints committee (beklagcommissie) usually gives its decision within a few weeks. You will receive it in writing. The complaint may be declared inadmissible (niet-ontvankelijk), unfounded (ongegrond) or well-founded (gegrond). If the complaint is well-founded, the committee can overturn the director's decision, order the director to make a new decision, and award compensation (tegemoetkoming). If you disagree with the decision, you can appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ). The director can also appeal.

With or without a lawyer?

You may speak for yourself. However, legal assistance can make a significant difference: a lawyer knows the rules and the case law of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), can check whether the director has met the duty to give reasons (motiveringsplicht) and the duty to hear you (hoorplicht), and can ask follow-up questions at the hearing where you might find this difficult yourself. Your lawyer also keeps track of the appeal deadline after the decision.

Frequently asked questions

Do I have to attend the hearing?

You do not have to attend, but it is often a good idea. It allows the committee to hear your side of the story directly. If you do not wish to attend, your lawyer can speak on your behalf.

Can I ask for witnesses to be heard?

You can request this, for example for a fellow prisoner or a member of staff. The committee decides whether this is necessary to assess the complaint.

How long will it take for my case to be heard?

This varies from prison to prison and depends on how busy the committee is. In urgent cases, you can also submit a request to suspend the decision (schorsingsverzoek) to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ).

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.