Compensation

When can you receive compensation?

A complaint is upheld if the complaints committee (beklagcommissie) or complaints judge (beklagrechter) finds in your favour. The starting point is then that the prison director must reverse the consequences of the challenged decision as far as possible.

Sometimes this is no longer possible. For example, a disciplinary punishment or a measure to maintain order may already have been carried out in full. The time you spent under restrictions as a result cannot be given back. In that situation, compensation may be considered. An example is the ruling of the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) of 8 April 2026, 25/46170/GA.

The law gives the complaints committee (beklagcommissie) or complaints judge (beklagrechter) room to decide whether compensation is appropriate. Lawyers call this a discretionary power: the law allows compensation to be awarded, but does not require it.

Prisons and immigration detention

For prisoners and people in immigration detention, the rules are set out in the Penitentiary Principles Act (Penitentiaire beginselenwet, Pbw):

• Article 68(6), Pbw: if a complaint is upheld in full or in part, the consequences of the decision must be reversed as far as possible.
• Article 68(7), Pbw: if the consequences can no longer be remedied, compensation may be awarded. This does not have to be a payment.
• Article 70(1), Pbw: if an appeal is lodged, implementation of the part of the ruling concerning compensation is suspended.

Compensation is therefore intended for consequences that can no longer be remedied. It is not an automatic reward for winning a complaints procedure (beklag).

Young offenders’ institutions

For young people, the Young Offenders’ Institutions Principles Act (Beginselenwet justitiële jeugdinrichtingen, Bjj) applies. Article 73(6), Bjj gives priority to remedying the consequences when a complaint is upheld in full or in part. Article 73(7), Bjj allows compensation if this is no longer possible.

For young people too, compensation can take the form of money or something else, such as an extra visit or extra time outdoors. Whether compensation is awarded remains a separate assessment.

Under Article 75(1), Bjj, the part of the ruling concerning compensation is not implemented for as long as it is suspended because of an appeal.

Detention under a hospital order (tbs)

For people detained under a hospital order (ter beschikking gestelden), the rules are set out in the Hospital Orders (Care) Principles Act (Beginselenwet verpleging ter beschikking gestelden, Bvt). Article 66(6), Bvt requires the consequences of a decision about which a complaint has been upheld to be reversed as far as possible.

If this is no longer possible, Article 66(7), Bvt allows compensation. This may be financial, but it can also take another form. Here too, an award is not mandatory.

The rule on suspension during an appeal is set out in Article 67(6), Bvt. Lodging an appeal prevents the compensation awarded from being implemented.

What is compensation intended for?

Compensation for inconvenience

The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) emphasises that compensation is mainly a symbolic payment or benefit for the inconvenience caused by the challenged decision. It is not full reimbursement of financial loss. This distinction appears, among other rulings, in RSJ 21 August 2019, R-19/3724/GA, and RSJ 23 February 2024, 23/31574/GA.

An award of money therefore does not mean that all your losses have been calculated or reimbursed.

No reimbursement of lawyers’ fees or procedural costs

If you receive help from a lawyer during a complaints procedure (beklag) or an appeal, you may incur costs. However, the principles acts do not allow the other party to be ordered to pay procedural costs or the costs of legal assistance. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) confirmed this, among other rulings, on 1 December 2023, 23/35789/GV.

What forms of compensation are possible?

The preferred option is compensation in kind: instead of money, you receive something such as an extra visit or extra time outdoors. If this kind of solution is not possible, financial compensation may be appropriate.

An offer from the institution may be taken into account. In a case about a cancelled outdoor exercise session, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) found that compensation was unnecessary because the institution had apologised and offered suitable compensation. The complainant had rejected that offer (RSJ 21 March 2011, 10/2600/GA).

This does not mean that refusing a suitable offer rules out all compensation. In a later ruling, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) made clear that compensation may still be possible after such a refusal (RSJ 2 September 2024, 23/35785/GA).

How much financial compensation can you receive?

The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) uses standard amounts for common situations. These amounts are adjusted to the income of people in detention. They are therefore modest and are not comparable to amounts commonly awarded outside detention.

The general minimum amount is € 7.50. This does not mean that every upheld complaint results in at least that amount: a decision must first be made to award financial compensation.

The list of standard amounts was revised with effect from 1 October 2025. Various amounts and wording were changed.

The supervisory committees (commissies van toezicht) and the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) may depart from the standard amounts because of the circumstances. For example, an amount may be lower if the complaint is upheld only on formal grounds, such as a procedural error. Where financial compensation is awarded, € 7.50 remains the minimum.

Damaged or missing belongings

When can loss or damage be taken into account?

Although this compensation is not an ordinary award of damages, loss or damage can sometimes be taken into account. This is possible when the loss or damage can easily be established and remedied. Evidence of the loss or damage and of the belongings concerned makes a difference.

In a case about missing clothing, the complainant showed original purchase receipts at the hearing, together with items of clothing matching those that had disappeared. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) found that the loss was sufficiently supported by evidence and awarded € 450. This was half the value, because the clothing had been bought six months earlier (RSJ 2 October 2015, 15/1505/GA).

In another case, purchase receipts showing the brand and size were not enough. The case concerned shoes and a pair of shorts. There was no statement from the person who had brought the items into the institution. As a result, there was insufficient evidence that the receipts actually related to the missing items, and the extent of the loss could not easily be established (RSJ 31 January 2020, R-19/5150/GA).

Receipts can therefore help, but they are not always enough. Additional evidence, such as a statement from the person who brought in the belongings, may be needed.

As a general rule, you must apply to the civil court (burgerlijke rechter) for full damages. The rules in Article 6:95 onwards of the Dutch Civil Code (Burgerlijk Wetboek) apply there.

Belongings damaged or lost during a transfer

Belongings that do not travel with you are transported in boxes by the Transport and Support Service (Dienst Vervoer & Ondersteuning, DV&O). If belongings are damaged or lost during or around this transport, you must raise the matter with the director of the institution concerned. The fact that DV&O has its own supervisory committee (commissie van toezicht) does not change this.

The Circular on Freight Transport and Liability for Damage (Circulaire Vrachtvervoer en Aansprakelijkheid bij Schade) of 31 October 2014 divides responsibility as follows:

• In principle, the sending institution is liable.
• Once the receiving institution signs for receipt, liability passes to that institution.

Which director you need to approach therefore depends on what happened during transport and receipt. This distinction also appears in RSJ 14 April 2023, 22/29158/GA.

Damage or loss when belongings are brought in

In principle, prisoners bear the risk themselves when belongings are brought into the institution. Special circumstances may shift that risk to the institution. This may happen, for example, if records of belongings brought in and handed over are not properly kept.

In a case about a damaged guitar, the director was held responsible for the damage because no completed form or other documentation had been provided. The prisoner received compensation of € 25 (RSJ 13 July 2015, 14/4841/GA). That amount relates to that specific case and is not a general rate for damaged belongings.

Complaints and appeals about compensation

Appealing an award or refusal

Both the complainant and the management of the institution can appeal a ruling awarding compensation. You can also appeal if no compensation has been awarded. This latter option is confirmed, among other rulings, in RSJ 16 May 2022, 21/20495/GA.

An appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) does not have the same effect on every part of the ruling:

• The other parts of the ruling are not suspended by lodging an appeal and must still be implemented.
• The part concerning compensation is suspended. Any money awarded will therefore not yet be paid if an appeal has been lodged.

If your original interest in the appeal no longer exists

Your situation may change during proceedings. For example, you may have been released or may now be staying in the institution of your choice. As a result, your original interest in having the substance of the case assessed may no longer exist. A request for financial compensation may still be relevant in that situation.

Since January 2021, a specific rule has applied to complainants who have a lawyer: the request for financial compensation must be expressly included in the notice of appeal. If a provisional notice of appeal is filed, with the reasons for the appeal to follow later, the request must be included in those later grounds. This approach does not apply to complainants who are not assisted by a professional representative (RSJ 6 January 2021, R-20/7088/GB).

The wording matters. In one case, the lawyer had only asked for ‘appropriate damages’. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) did not regard this as a request for compensation under the Penitentiary Principles Act (Penitentiaire beginselenwet, Pbw). Because there was no remaining interest in the appeal, the complainant’s appeal was declared inadmissible: its substance was not assessed (RSJ 13 April 2021, R-20/7651/GB).

What does this mean for you?

In your complaint, make clear what consequences the decision has had for you and which of those can no longer be remedied. Also explain what compensation you consider appropriate, for example an extra visit or financial compensation.

In practice, pay attention to the following:

• Describe the specific inconvenience. Explain what you missed out on or experienced because of the decision.
• Keep evidence of loss or damage. Examples include purchase receipts, registration forms and statements from the person who brought in the belongings.
• Check which institution is responsible in the event of a transfer. Signing for receipt determines when liability passes to the receiving institution.
• Consider and discuss an offer of compensation carefully. The offer and your response may be taken into account, but refusing it does not automatically rule out compensation.
• Pay attention to the wording of an appeal. Especially if your original interest no longer exists, a lawyer must expressly request financial compensation.
• Allow for suspension. If an appeal has been lodged, the compensation awarded will not yet be implemented.

If you want full reimbursement of financial loss as well as compensation for inconvenience, keep these aims separate. As a general rule, the civil court (burgerlijke rechter) is the appropriate route for full damages.

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.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Complaints procedure (beklagprocedure)
• Compulsory treatment
• Contact between parent and child