Terrorism unit

The terrorism unit in the prison system

The terrorism unit (terroristenafdeling, TA) has existed since 2006 and is a special accommodation unit under Article 14 of the Prisons Act (Penitentiaire beginselenwet, Pbw). The Netherlands has six TAs across three prisons:

• Vught Prison (PI Vught): for men;
• Rotterdam Prison, De Schie location (PI Rotterdam, locatie De Schie): for men;
• Zwolle Prison (PI Zwolle): for women.

Prisoners live in small groups of around five to seven people. By housing people with a terrorist background separately, the government aims to prevent them from radicalising or recruiting other prisoners. Within the TA, consideration is also given to which group arrangements will best prevent unwanted contacts and influence.

Who can be placed in a TA?

Article 20a of the Regulations on the Selection, Placement and Transfer of Prisoners (Regeling selectie, plaatsing en overplaatsing gedetineerden, Rspog) sets out three grounds:

• You are suspected of a terrorist offence.
• You have been convicted of such an offence. The conviction does not yet have to be final.
• Before or during your detention, you have expressed or spread a radicalising message. This also includes recruitment activities that conflict with public order and safety or safety within the prison.

In cases involving suspicion or conviction, the offences concerned are those listed in Article 83 of the Criminal Code (Wetboek van Strafrecht). Under the regulations, these groups qualify directly for TA placement. Placement for spreading radicalising messages does not require suspicion or conviction for a terrorist offence.

Anyone who meets one of the grounds for placement will, in principle, be placed in a TA. This will not happen if information from the Public Prosecution Service (Openbaar Ministerie, OM) or the Prisoner Criminal Intelligence Information Point (Gedetineerden Recherche Informatie Punt, GRIP) shows that it is not necessary. GRIP supports the exchange of security information between the police, the OM and the Custodial Institutions Agency (Dienst Justitiële Inrichtingen, DJI).

According to the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ), placing a suspect in a TA does not breach the principle that a person is innocent until proven guilty. This principle is set out in Article 6 of the European Convention on Human Rights (Europees Verdrag voor de Rechten van de Mens, ECHR).

How is placement decided?

The selection officer (selectiefunctionaris) decides on behalf of the minister whether you will be placed in a TA and which prison you will go to. This follows from Article 15 Pbw. If that prison has more than one TA, the prison director decides which unit you will stay in under Article 16 Pbw.

Arrival and risk assessment

Men first go to the reception unit in Vught; women go to Zwolle. This initial phase lasts no more than ten weeks. During this period, information is collected to create a risk profile:

• observations by staff and a psychologist;
• a risk assessment by the Dutch Probation Service (Reclassering Nederland) using the VERA-2R method;
• a risk analysis by GRIP.

VERA-2R assesses risks relating to violent extremism using 34 indicators. The information collected helps determine which unit is suitable.

The Custodial Institutions Agency (DJI) tries to keep leaders and ideologists separate from followers as far as possible. Other factors that may be considered include sex, vulnerability, susceptibility to influence, suitability for a group, anger, frustration, criminal background and whether someone has come from a conflict zone.

The daily programme and contact with others

An individual regime applies in the TA under Articles 8 and 19 Pbw. This means that the director decides which activities you do alone or with others (Article 21 Pbw). Good behaviour is a factor in the opportunities you are given to take part in activities (Article 22 Pbw). Separation from other prisoners and far-reaching restrictions are therefore possible.

According to the Custodial Institutions Agency (DJI), the programme covers 36 hours each week, including 10 hours of work. Those 36 hours also represent the time spent outside the cell. The programme includes education, sport, recreation, outdoor exercise and spiritual care. The actual opportunities for work depend partly on the risk profile and differ between TAs.

The following apply to contact with the outside world:

• one hour of visits per week;
• four ten-minute phone calls per week;
• opportunities to stay in contact with your lawyer.

Limits on isolation

Article 3 ECHR prohibits torture and inhuman or degrading treatment. According to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), the restrictions of the TA regime do not breach this provision as long as a person is not completely isolated from others, is offered some activities and can receive visits. The actual circumstances therefore remain important.

At De Schie, a separate, covered exercise yard is routinely used for outdoor exercise. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) did not consider the substance of a complaint (beklag) about this because it challenged a general rule (RSJ, 8 October 2018, R-140).

Extra supervision and security measures

Phone calls and conversations during visits are recorded and monitored. An exception applies to conversations with protected, so-called privileged contacts, such as your lawyer. Incoming and outgoing correspondence is also checked, and cell inspections are more frequent than on regular wings.

Contact with a lawyer may, however, be scheduled. Under the house rules of the TA at De Schie, a prisoner asks staff for this, after which a time is arranged. In one case, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) found it reasonable to refuse a request to speak to a lawyer because transport was scheduled for later that day (RSJ, 17 May 2019, R-18/134/GA).

Strip searches

After direct contact with the outside world, TA prisoners undergo a strip search (visitatie): their body is visually inspected. This affects the right to private life under Article 8 ECHR.

In one case, the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) allowed routine strip searches under the TA policy. Article 29 Pbw provided a legal basis for this. The measure was considered necessary and not disproportionate. One factor was that the case did not involve systematic strip searches over an extended period (RSJ, 24 June 2016, 15/3875/GA).

When can you leave the TA?

Transfer towards the end of your sentence

Article 26a Rspog governs transfers out of the TA for prisoners held there because of a conviction for a terrorist offence. Two conditions must both be met:

• You have served one third of the custodial sentence or detention measure imposed by a final decision.
• The remaining period is at least four months and no more than one year.

Transfer to a regular regime is intended to further prepare you for returning to society, including through opportunities for temporary leave. You will always first be placed in a prison with a high escape and public safety risk designation (GVM-hoog-inrichting). Extra supervision applies there because of escape risk and risk to society.

This transfer arrangement does not apply in cases involving:

• extradition or impending extradition;
• an increased risk to society if you escape;
• expressing or spreading a radicalising message during the last year in the TA.

Annual review for radicalising messages

If you were placed in the TA for spreading or expressing radicalising messages, the selection officer (selectiefunctionaris) must decide every twelve months, without waiting for a request, whether to extend your stay. The first review takes place twelve months after placement. This is set out in Article 26b Rspog.

Earlier transfer and special circumstances

Under Article 18 Pbw, any TA prisoner can request a transfer at any time. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) has identified several situations in which a continued stay in the TA may be problematic:

• Mental health problems and conditions of detention: these must be assessed together. Prolonged social isolation and serious, real threats must be prevented.
• Less than four months left to serve: transfer out must still be possible to prepare for a return to society (RSJ, 14 March 2018, 17/3491/GB).
• A pending appeal: the absence of a final conviction does not prevent an earlier transfer out. The RSJ referred here to the exceptions in Article 26a Rspog (RSJ, 17 July 2018, R-54 and 29 January 2019, R-18/1736/GB).

An acquittal does not always mean that a stay in the TA ends. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) upheld a refusal to transfer someone after an acquittal because the OM still had suspicions and had lodged an appeal (RSJ, 7 June 2022, 21/25068/GB).

Complaints and appeals against placement decisions

You cannot lodge a complaint (beklag) with the Supervisory Committee (Commissie van Toezicht) against a decision by the selection officer (selectiefunctionaris) about placement in or transfer out of the TA. This is because the decision is not made by the prison director.

If a transfer request is refused, you can appeal to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) under Article 72(1) Pbw. No legal remedy is available against a decision granting such a request.

It is therefore important to distinguish between your placement in the TA and the way the regime is applied. The example of the covered exercise yard also shows that the substance of a complaint (beklag) against a general rule does not necessarily have to be considered.

Research into conditions and return to society

Criticism and oversight

In 2016, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) criticised the range of activities and the limited time outside the cell at De Schie. According to the CPT, poor detention conditions and disproportionate measures can actually encourage radicalisation. In 2022, the committee found the regime and several security measures in Vught excessively restrictive. Conditions in Zwolle were less strict. For both locations, the CPT recommended more support and activities to counter radicalisation.

In 2017, Amnesty International criticised, among other things, automatic placement, prolonged periods spent alone, intrusive checks and insufficiently effective legal protection. In 2018, the minister stated that the TA met human rights standards but acknowledged the importance of individual risk assessment. A differentiated placement policy has been in place since 2016, with measures tailored to the risk profile.

In 2018, the Inspectorate of Justice and Security (Inspectie Justitie en Veiligheid) gave a largely positive assessment of rights, activities and reintegration in Vught and De Schie. However, it identified areas needing attention concerning VERA-2R, available risk information, staff skills and ongoing cooperation with other organisations.

Support, education and family

Studies from 2021 highlighted the importance of wider opportunities for education and work, support from family and social networks, and attention to persistent radical beliefs. On paper, existing training programmes covered the seven focus areas of the Custodial Institutions Agency (DJI): family support, social networks, identity, reconsidering ideology, practical life matters, resilience and tailoring support to the individual.

Researchers recommended better recording of and awareness about this support, more meaningful family contact and attention to the living environment in the TA. The policy response of 26 October 2021 announced, among other things, wider education and work opportunities, centralised registration, information sheets and further staff training.

The Programme to Tackle Radicalisation and Extremism (Programma Aanpak Radicalisering en Extremisme) of the Custodial Institutions Agency (DJI) organises multidisciplinary meetings about all TA prisoners. These involve, among others, probation services and municipalities to coordinate support. These meetings also led to buddy schemes being started to strengthen social support.

Reoffending

A 2022 publication by the Research and Documentation Centre (WODC) reported that 14 per cent of former TA prisoners committed another offence within two years; for terrorist offences, the figure was 4 per cent. For the separately identified group of people convicted of terrorist offences, the overall reoffending rate was 24.2 per cent, compared with 47 per cent among regular former prisoners within two years. These figures concern different groups and types of reoffending. Because the numbers leaving the TA were small, a new measurement after four years was recommended.

What does this mean for you?

• Check the grounds for your placement. These help determine which rules apply to review and transfer out.
• Discuss the risk profile. It affects the choice of unit, security measures and activities.
• Raise specific effects on you. Mental health problems, isolation and threats may be relevant to whether your stay should continue.
• Prepare for transfer. Discuss the time left to serve, education, work, support and family contact with your lawyer.
• Choose the right procedure. A refused transfer request should be taken to the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), not the Supervisory Committee (Commissie van Toezicht).

For families, visits and phone calls are limited and usually monitored. At the same time, support from family and other trusted contacts is seen as an essential part of preparing for a return to society.

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
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment