Transport
Transport
Transport from a custodial institution may be needed for court proceedings, medical treatment, a transfer or a special family visit. Rules on safety, care and how you are treated also apply during the journey. Who is responsible and where you can complain depend on the type of transport and what happened.
Who arranges transport?
The Transport and Support Service (Dienst Vervoer & Ondersteuning, DV&O) is the national transport service of the Custodial Institutions Agency (Dienst Justitiële Inrichtingen, DJI). Some institutions may carry out certain journeys themselves. Both are subject to the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen); here, ‘persons in custody’ is the collective term for the people being transported.
Transport for court proceedings
Transport for court proceedings is known as court transport (rechtsgangvervoer). In principle, the Public Prosecution Service (Openbaar Ministerie) or the court arranges this, not the governor. However, the governor may be responsible if the security level has been changed at their initiative.
The governor may also have a duty of care. For example, the Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming, RSJ) ruled that a governor had to ensure that someone could attend a hearing after that person had made timely and repeated requests (14/0266/GA). However, not every error during court transport can be attributed to the governor.
Medical, social and transfer transport
The institution requests medical and social transport. Medical transport includes, for example, a hospital visit. Social transport may take place for humanitarian reasons, such as a visit following a birth, a bereavement visit or a farewell visit.
When transport is ordered by the institution, the governor remains responsible, even if DV&O carries out the journey. This is known as the governor’s ‘extended arm’.
Placement and transfer are ordered by the selection officer (selectiefunctionaris) of the Custodial Institutions Agency (DJI): the official who makes these decisions. DV&O always carries out this transport. Responsibility is therefore divided differently from a journey ordered by the governor.
Extra security
Where there are special circumstances, DV&O’s Risk Analysis department assesses the request. Risk analysts determine the security level and type of transport.
An institution may not carry out transport itself if the security risks are too high. This applies in any event where there is a serious risk of escape or a threat to general safety. People on the list of detainees who pose an escape risk and/or a risk to society are transported by the High-Security Transport service (Extra Beveiligd Vervoer). The institution may only carry out this transport itself for very urgent medical reasons, when delay is impossible and DV&O is not available in time.
Preparation and care during the journey
The person requesting transport must provide relevant safety information. The institution must make sure you are ready on time. This follows from Articles 9 and 14 of the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen).
Medication
The institution gives any necessary medication to the vehicle commander, with instructions for its use during the journey. The transport escort keeps it and provides it according to those instructions (Article 15 of the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen)).
The institution must have the medication ready even if departure is early. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) confirmed this responsibility in case 11/0893/GA.
Food, drink and toilet access
If it is foreseeable that you will need food during the journey, the institution must provide a packed lunch and drinks. You can also ask for these in advance. DV&O does not provide food or drinks.
Stopping along the way to buy something is only allowed in an emergency where the purchase cannot wait. An example is a journey that takes much longer than expected, leaving someone without food and drink for a very long time when there is no alternative. Toilet use is only permitted in an institution or another secure location. These rules are set out in Articles 16, 17 and 18 of the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen).
An unexpectedly long journey does not automatically mean that the governor has breached their duty of care. In R-19/2650/GA, sufficient provisions had been supplied for the expected journey time, and the longer duration could not have been foreseen.
Searches, handcuffs and force
Searches of the body and clothing
You may not carry dangerous items during transport. The person requesting transport must ensure this. If there is doubt, a transport escort may search your body or clothing, either on request or on their own initiative. Items you are carrying may also be checked. Wherever possible, the search is carried out by someone of the same sex.
Items that you could use to injure yourself or others, including jewellery, may be taken from you. They are sent to the institution where you are staying, or to the police if possessing them is a criminal offence (Article 7 of the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen)).
In KC 2023/028, suspected smoking in the transport van and possession of a lighter were sufficient grounds for a search during a stop. The search took place in a private room and was carried out by staff of the same sex.
No automatic use of restraints
Handcuffs or a leg-restricting bar (broekstok) may not be used without an individual decision. Safety must be weighed against your personal circumstances, including your health. Simply saying that someone is going to a public place is not enough (KC 2017/033).
Handcuffs may be necessary because of:
- a risk of escape;
- a danger to you, staff or other people;
- violent behaviour towards property.
Specific incidents of aggression may justify their use, as in the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) case R-18/0969/GA. General statements about someone’s behaviour are not always enough, as shown by 21/22728/DA.
The use of force and restraints is subject to proportionality and subsidiarity: the measure must not be more severe than necessary, and a less intrusive alternative must be considered. Staff must have sufficient skills. Where possible, a warning must be given before force is used. A written report must be drawn up without delay after the use of force.
Monitoring during the journey takes place through cameras and two-way audio connections.
The prison system
For detainees, the relevant provisions include Article 29 of the Custodial Institutions Act (Penitentiaire beginselenwet, Pbw) on searches of the body and clothing, Article 35 on force and restraints, and Article 42 on medical care and transport for medical purposes.
The governor remains responsible for transport to hospital for treatment. The fact that DV&O carries out the journey does not change that duty of care. In R-18/2260/GA, the detainee could therefore bring a complaint against the governor; the complaint was ultimately dismissed because no failure had been established.
During transport by the Special Support Team (Bijzonder Ondersteuningsteam), a device that blocks vision may be used with permission from the DV&O coordinator. This is governed by Article 10a of the Instructions on the Use of Force in Custodial Institutions (Geweldsinstructie penitentiaire inrichtingen).
Under Article 3 of the Regulations on the Transport of Persons in Custody (Regeling vervoer van justitiabelen), detainees, people subject to a hospital order (tbs-gestelden), other patients and young people aged eighteen or over may be transported together. Men, women and these young people sit in separate compartments. Separate transport may be necessary at the requester’s request because of a criminal investigation.
Young offender institutions
For young people, search powers are set out in Article 34 of the Young Offender Institutions Act (Beginselenwet justitiële jeugdinrichtingen, Bjj), and powers to use force and restraints in Article 40. Article 47 concerns medical care and transport for medical purposes. Separate instructions on the use of force and the Regulations on the Use of Mechanical Restraints on Young People (Regeling toepassing mechanische middelen jeugdigen) also apply.
Young people under eighteen are not transported in the same vehicle as adults. Boys and girls sit in separate compartments. For young people aged eighteen or over, the option of shared transport described above applies, but with a separate compartment.
The handcuffs and vision-blocking devices referred to for adults may not be used on young people.
People subject to a hospital order and other patients
For people covered by the Hospital Orders Act (Beginselenwet verpleging ter beschikking gestelden, Bvt), Article 23 governs searches of the body and clothing, and Article 30 governs force and restraints. Article 41 governs medical care and transport for medical purposes.
The Instructions on the Use of Force in Institutions for People Subject to a Hospital Order (Geweldsinstructie inrichtingen voor verpleging van ter beschikking gestelden) and the Regulations on the Use of Mechanical Restraints on Patients (Regeling toepassing mechanische middelen verpleegden) also apply. Here too, the use of restraints must be necessary and assessed individually. Vision-blocking devices may not be used on people subject to a hospital order (tbs-gestelden).
Immigration detention
Immigration detention is detention under administrative law, not a punishment. The Custodial Institutions Act (Penitentiaire beginselenwet, Pbw) applies to people detained for unlawful residence under Article 59 of the Aliens Act 2000 (Vreemdelingenwet 2000, Vw 2000). It does not apply to foreign nationals refused entry at the border who are detained under Article 6 of that Act.
Foreign nationals without a residence permit who are detained under criminal law, known as VRIS detainees (VRIS’ers), fall under the transport arrangements for the prison system.
During forced removal, the Royal Netherlands Marechaussee (Koninklijke Marechaussee) takes over responsibility for restraints at the airport once the foreign national has been handed over to it.
The Return and Immigration Detention Act (Wet terugkeer en vreemdelingenbewaring) has not yet entered into force. The bill contains separate rules for transport complaints, including complaints about force, restraints and clothing searches. These are therefore not yet powers in force under that Act.
Privacy and conditions during transport
Under Rule 32 of the European Prison Rules, detainees being transported must be exposed to public attention as little as possible, and their anonymity must be protected. Vehicles must not have inadequate ventilation or lighting, or cause unnecessary physical hardship or humiliation. Transport takes place under the responsibility of, and at the expense of, the public authorities.
In principle, supervising DV&O staff should not be present in the consultation or treatment room during a hospital consultation. Only strict security necessity can justify an exception. The assessment must be clear and open to review. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) stressed this in R-19/3386/GA and awarded € 25 because such an assessment was lacking.
A punishment or order measure after an incident
The governor may take action against behaviour during transport, including court transport. A disciplinary punishment is a response to blameworthy behaviour. An order measure (ordemaatregel) serves purposes such as safety, the continued enforcement of detention or your protection.
The legal provisions include Articles 50/51 and 24/25 of the Custodial Institutions Act (Penitentiaire beginselenwet, Pbw), Articles 54/55 and 24/25 of the Young Offender Institutions Act (Bjj), and Articles 48/49 and 31 onwards of the Hospital Orders Act (Bvt).
Reasons must be given for the choice. In the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) case 17/1769/GA, there was insufficient explanation of why an order measure had been imposed following behaviour in the transport van. Your own involvement must also be established: in R-19/4186/GA, it had not been sufficiently demonstrated that the complainant had helped create an opportunity to escape.
Complaining about transport
Transport complaints committee
For transport carried out by DV&O, you can lodge a complaint (beklag) with the national transport complaints committee (landelijke beklagcommissie voor het vervoer) within 7 days of the transport journey about:
- searches of the body and clothing;
- the use of force or equipment for applying force;
- the use of restraints.
A decision to use handcuffs may also be subject to review if the transport ultimately does not take place. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) decided this in 21/22728/DA.
You can use the transport complaints committee’s complaint form (klachtenformulier beklagcommissie vervoer). Hearings take place at the Central Netherlands District Court, Utrecht location; DV&O provides transport. This committee has no monthly visiting commissioner (maandcommissaris) who can mediate.
Other complaints
Other transport complaints, including missing belongings or valuables, should be sent to the supervisory committee (commissie van toezicht) of the institution concerned. Complaints about these matters incorrectly submitted to DV&O are forwarded.
Complaints about a failure to provide food, drinks or medication should be sent to the complaints committee (beklagcommissie) of the institution from which you departed. This follows, among other decisions, from the Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) cases 21/20495/GA and R-20/6306/GA.
If both your own committee and the DV&O committee refuse to deal with the complaint, you can ask the National Ombudsman (Nationale ombudsman) in writing to investigate under Article 9:20, read together with Article 9:18, of the General Administrative Law Act (Algemene wet bestuursrecht, Awb).
Digital planning
Requests are processed through the DV&O portal and the AOB and Quintiq systems. Institutions can add medical details and safety information. Requests involving special circumstances are assessed by staff and risk analysts. Pick-up and drop-off times may change; the digital overview refreshes every 15 minutes.
What does this mean for you?
Before departure, discuss your medication, your need for food and drinks, and any medical limitations. If handcuffs or other restraints are used, ask what individual assessment has been made. If problems arise, note what happened, which restraints were used and how you were affected. When making a complaint, make sure you send it to the right body and keep in mind the 7-day deadline for complaints to the transport complaints committee (beklagcommissie voor het vervoer).
Please note
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.
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