Appeals to the RSJ

• When can you appeal?
• Seven-day deadline
• What should a notice of appeal contain?
• How does the appeal procedure work?
• Urgent requests for suspension
• Possible outcomes

When can you appeal?

You can appeal against a decision of the complaints committee (beklagcommissie). This includes cases where your complaint (beklag) has been dismissed as unfounded or declared inadmissible, but also cases where you disagree with the amount of compensation awarded. The prison governor can also appeal if a complaint has been upheld.

The appeals committee (beroepscommissie) also hears appeals against certain decisions by the selection officer (selectiefunctionaris), for example about transfers, and against decisions about prison leave (verlof). These follow a separate procedure, which often starts with a written objection (bezwaarschrift).

Seven-day deadline

As a rule, you must submit your notice of appeal (beroepschrift) within seven days of receiving the decision. Here too, a late appeal will usually be declared inadmissible. Keep the envelope or note down when you received the decision, so that you can show you submitted your appeal on time.

A short notice of appeal is allowed; reasons can be added later

If the deadline is about to expire, you can first submit a short notice of appeal (beroepschrift), asking to provide the grounds later. This preserves your appeal.

What should a notice of appeal contain?

• Your personal details and the reference number of the decision of the complaints committee (beklagcommissie).
• Which part of the decision you are challenging.
• The grounds: why do you believe the decision is wrong?
• What you are asking the appeals committee (beroepscommissie) to decide.

An appeal concerns not only the facts, but also the legal assessment. For example, did the prison governor give sufficient reasons for the decision? Were you given an opportunity to be heard beforehand? Is the punishment or measure proportionate to what happened?

How does the appeal procedure work?

The appeals committee (beroepscommissie) of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) deals with many cases in writing. The prison governor may respond to your notice of appeal (beroepschrift), and you will have an opportunity to reply. In some cases, a hearing is held or the parties are heard. A written decision follows. These decisions are published anonymously and together form the case law used to assess later cases.

Urgent requests for suspension

If you cannot wait for the outcome of the procedure, for example because you are currently in segregation (afzondering) or your leave has been withdrawn shortly before it was due to take place, you can also submit a request for suspension (schorsingsverzoek) to the chair of the appeals committee (beroepscommissie). The chair will decide promptly whether to suspend the decision temporarily until the appeal has been decided.

Possible outcomes

• The appeal is dismissed as unfounded (ongegrond): the decision of the complaints committee (beklagcommissie) remains in place.
• The appeal is upheld (gegrond): the appeals committee (beroepscommissie) sets aside the decision and itself makes the decision that the complaints committee should have made.
• The appeal is declared inadmissible (niet-ontvankelijk), for example because it was submitted too late.
• Compensation (tegemoetkoming) is awarded, or its amount is adjusted.

There is no ordinary legal remedy against a decision of the appeals committee (beroepscommissie). It is therefore important that your notice of appeal (beroepschrift) is correct and complete from the outset.

Frequently asked questions

Do I have to travel to The Hague for the hearing?

Usually not. Many cases are dealt with in writing. If you are heard, this often takes place in the prison or by video link.

How long does an appeal procedure take?

This varies from case to case. A request for suspension (schorsingsverzoek) is assessed within a few days. An appeal usually takes longer because both parties are given an opportunity to present their case in writing.

Can I appeal if I did not submit a complaint myself?

An appeal is intended for the parties to the complaints procedure (beklagprocedure). Decisions about matters such as transfers or prison leave follow a separate procedure, independent of the complaint procedure (beklag).

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.