Assistance to prisoners abroad

• Introduction
• Assistance standard
• Organisation, working methods and provision of information
• Managing assistance
• Response from the Minister of Foreign Affairs and the Court of Audit's concluding comments

Introduction

The Court of Audit carried out an investigation of assistance provided by the Ministry of Foreign Affairs to Dutch nationals in foreign prisons. The investigation focused on policy, implementation and accountability, and also looked at the extra measures taken by the Ministry in 1998. According to its records, the number of Dutch prisoners in foreign prisons has almost tripled in ten years, from 650 in 1990 to 1880 in 2000 (situation in mid-2000).

The investigation's main conclusion was that the Ministry should specify its tasks as regards Dutch prisoners abroad, based on a clear assistance standard. It should then tackle organisation, working methods and provision of information, ensuring that they are coordinated with the tasks specified. Finally, the Ministry should review the way in which the provision of assistance to Dutch prisoners in foreign prisons is managed.

Up

Assistance standard

The Ministry has a dual responsibility towards the target group. Firstly, it must ensure that the authorities in the country of detention correctly apply the laws of that country. Secondly, it must hold those authorities to account if prison conditions are found to be unacceptable. In practice, it fails fully to meet these responsibilities.

The Ministry's tasks and responsibilities concerning Dutch nationals held in foreign prisons are set out in the Consular Manual, often in the form of guidelines rather than directives. No concrete objectives have been laid down. As a result, consular missions are unclear as to the services they should provide for prisoners, and interpret the guidelines differently. Moreover, according to the Ministry, prisoners have no legal right to the service available under its policy.

Up

Organisation, working methods and provision of information

The Ministry should identify the manpower needed to ensure that its policy on assisting prisoners can be properly implemented. Visits must also be used to obtain more structured insight into prisoners' wishes and circumstances and the legal procedures in which they are involved. The extra measures have borne fruit. The frequency of visits has increased and prisoners are being visited sooner after their arrest. The average length of time between arrest and visit has declined from 440 days in 1997 to 50 days in 1999 in Western countries; in non-Western countries from 240 to 18 days. There are still problems, though, such as lack of staff, inadequate provision of information and insufficient knowledge of prisoners' circumstances.

Up

Managing assistance

At present missions take their lead from the Movement of Persons, Migration and Consular Affairs Department (DPC), contrary to the principle of integrated management at mission level. As the number of files on prisoners increases, central administration and central information gathering become less and less appropriate. Moreover, DPC's work is hampered by the fact that it receives insufficient information from the missions on the services they are providing for prisoners.

Up

Response from the Minister of Foreign Affairs and the Court of Audit's concluding comments

The Minister of Foreign Affairs responded to the report in September 2000. He endorsed the need to structure and standardise the policy on assisting prisoners and the way it is implemented. He undertook to redefine and elaborate the Ministry's tasks where necessary in order to clarify policy. However, the minister did not think it would be feasible to set a specific assistance standard because of the great diversity of cases.

The Court of Audit applauds the minister's undertaking to provide greater clarity on the principles and implementation of the policy on assisting prisoners. However, it is still of the opinion that it is important to set a specific assistance standard that would serve as a basis for action.

Up