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Arrested abroad

If you are arrested abroad, you should inform the Dutch embassy or consulate as soon as possible. Consular officers will assist you in this difficult situation. They will advise you, provide you with information, and help you contact support organisations.

• What happens if you are arrested
• What the Ministry of Foreign Affairs will do
• What the embassy or consulate will do
• What to do while you are imprisoned
• Serving your sentence in the Netherlands
• Informing your family
• How to find an embassy or consulate
• Finally …
• More information

What happens if you are arrested

If you are arrested abroad, you will be entirely subject to the criminal justice and prison systems in that country, which may be very different from those of the Netherlands. You must realise that being a foreigner will not protect you from the legal system in the country where you have been arrested.

What you can do

If you are arrested, insist that the local authorities inform the Dutch embassy or consulate of your arrest.

Friends and relatives can contact the Social Consular Affairs Division (DCZ/CM) of the Ministry of Foreign Affairs in The Hague. Tel. +31 (0)70 348 4770.

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What the Ministry of Foreign Affairs will do

The Ministry of Foreign Affairs will act as a go-between. It will inform your family of your arrest, pass on messages, and help transfer money for a defence counsel or for purchases in prison.

The Ministry can also remind the local authorities of their obligation to treat prisoners humanely. But it has to be cautious about making complaints because it also has an obligation to maintain good relations with the local authorities. Any complaint about your treatment in prison has to make it clear that you are being treated worse than other inmates.

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What the embassy or consulate will do

A member of the embassy or consulate staff will try to visit you as soon as possible after your arrest. You should inform the local authorities that you wish to receive a visit from the embassy or consulate. If this is not immediately possible, the embassy or consulate will write to you.

Local procedures

The embassy or consulate will inform you about aspects of the local legal system such as legal aid and procedures concerning prosecution, pretrial detention, bail and appeal. This will help you understand what is happening and what your rights are.

Probation and after-care

The embassy or consulate will write to you describing the activities of the Foreign Section of the Dutch Probation Service, which is responsible for reintegrating people who have been in trouble with the law back into Dutch society. By filling in a form and returning it, you can let the Ministry know if you would like to receive assistance from the Probation Service. Unless you object, the Ministry will then pass on your details to the Foreign Section of the Probation Service.

If you wish, and if it seems useful, the Foreign Section can also supply the court and your defence counsel with background information about you.

Complaints

You can discuss any complaints about your treatment in prison with the embassy or consulate, which will then consider what action, if any, it can take – or what action you and your defence counsel can take. In general, you should first follow the prison’s own complaints procedure.

If you have medical problems, you should first inform the prison doctor. If necessary, the embassy or consulate will arrange for you to receive extra medicine, for which you will have to pay. If you don’t have the money, you can borrow it from the State by signing a loan agreement (Overeenkomst van geldlening).

If you are dissatisfied with your defence counsel, the embassy or consulate will help you find a new one.

Legal assistance

The embassy or consulate cannot arrange for you to be released on bail or help you obtain preferential treatment. Nor can it intervene in the course of justice or investigate offences in another country. But it can help you obtain legal assistance.

Fines and packages

The embassy or consulate cannot pay fines or lend you money unless family or friends transfer the required amount to the Ministry’s bank account. The embassy or consulate cannot send you packages on behalf of your family or friends.

Dual nationality

If you have a nationality in addition to Dutch nationality and are arrested in the country of the other nationality, the Dutch embassy or consulate may not be able to provide you with consular assistance. Many countries will not permit prisoners with dual nationality to receive consular assistance from the embassy or consulate of the other nationality.

The Netherlands believes that this group of Dutch nationals should receive the same consular assistance as other prisoners with Dutch nationality. But international law as it stands supports the position of the imprisoning country.

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What to do while you are imprisoned

Being imprisoned is difficult both physically and mentally, especially in a foreign country. And it can be even more difficult if you don’t speak the local language. You can only improve the situation by trying to learn the language. Otherwise, if you are unable to resolve a problem by speaking to prison staff, you should raise it with the embassy or consulate.

When you enter the prison, you must be informed of any rights or duties that apply within the prison. These will be mentioned in the prison regulations, where you will also find information about visiting regulations, post and censorship, opportunities for work, and social and welfare services.

Employment

Many prisoners like to work. It can make the time seem to go faster. In some countries, prisoners can work for money, but often only after they have been convicted. Find out what opportunities exist.

Illness

If you are ill, you should inform the prison doctor and the embassy or consulate, certainly if you need to take medicine.

Financial assistance

All prisoners with Dutch nationality in countries outside Europe receive a monthly allowance of €30 from the Ministry of Foreign Affairs, to pay for essentials like toothpaste. It need not be paid back.

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Serving your sentence in the Netherlands

The Netherlands is a party to the Council of Europe Convention on the Transfer of Sentenced Persons. The Convention is incorporated into Dutch law as the Enforcement of Criminal Judgments (Transfer) Act, which, on certain conditions, allows Dutch nationals imprisoned abroad to serve the remainder of their sentences in a Dutch prison. But this is only possible for prisoners in countries that are also parties to the Convention. The Convention contains no obligation for countries to comply with a request. A country can always refuse a request to transfer a prisoner to the Netherlands without giving a reason.

The Act applies only to imprisonment. It does not apply to fines or the death penalty. Even in cases of imprisonment, the other country will often refuse to transfer a prisoner, for various reasons. In many countries, prison sentences, especially for offences concerning soft drugs, are much harsher than in the Netherlands.

Converting sentences

If the other country gives its approval, a prisoner’s sentence can be converted to a sentence that is applicable in the Dutch legal system. But it may never be higher than the sentence imposed abroad. The difference in sentencing may cause the other country to refuse to transfer a prisoner to the Netherlands. Some countries will agree to a transfer only if the sentence remains the same. In such cases, the transferred prisoner will have to serve the remainder of the full sentence in the Netherlands.

Information

You will find more information in the brochure Sentenced Abroad, Served in the Netherlands, which is available (in Dutch only) from the embassy or consulate. In addition, the Ministry of Justice in The Hague has a special information line on the transfer of sentenced persons under the Enforcement of Criminal Judgments (Transfer) Act. Tel.: +31 (70) 370 7555.

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Informing your family

General information

To get the latest news about you, your family can contact the Social Consular Affairs Division (DCZ/CM) of the Ministry of Foreign Affairs in The Hague. Tel. +31 (0)70 348 4770. This division can also give general information about the legal system in the imprisoning country and prison conditions there.

The division will also have:

• the full address of the prison;
• information about your defence counsel;
• information about the authorities responsible for the judicial proceedings;
• the address and telephone or fax numbers of the nearest Dutch consulate.

The Ministry of Foreign Affairs will keep in touch with a single contact person whom you have designated for this purpose.

Transferring money

The regulations for sending money to prisoners vary from one country to another. If it is impossible to transfer money directly to you (for example via a bank or a money order), friends or relatives will be able to transfer money to the bank account of the Ministry of Foreign Affairs in The Hague. The Ministry will explain how.

As soon as the Ministry has received the money in its account, the embassy or consulate will be authorised to pay it to you. A one-off charge will be made for this service.

Visiting hours

The regulations for visiting prisoners vary from one country to another. Friends and relatives are advised to arrange visits with the prison authorities before they undertake a long, possibly fruitless, journey. If visitors are unable to make such an arrangement (owing to language problems, for instance), the embassy or consulate will mediate. The consulate can explain how the visiting system works and find out what regulations apply to packages.

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How to find an embassy or consulate

You will find a Dutch embassy or consulate in the capital cities of most countries. You will find their addresses in the local telephone book, or contact the local authorities.

To a certain extent, the interests of Dutch nationals are represented by honorary consuls, usually business people who, in addition to their normal activities, represent Dutch interests in a certain geographical area. Most honorary consuls are not Dutch nationals and therefore do not speak Dutch.

If there is no Dutch mission in the imprisoning country, you can contact the embassy or consulate of another member state of the European Union.

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Finally …

If anything needs to be done during your arrest or imprisonment, it is good to know that the embassy or consulate will address your problem and that they understand how difficult it is to be imprisoned. The embassy or consulate is there to help you if possible.

Any information that you, your family, or your friends provide to the Ministry of Foreign Affairs, the embassy or the consulate, will remain confidential.

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More information

If you have any questions, you can contact:

Ministry of Foreign Affairs.
Social Consular Affairs Division (DCZ/CM)
Postbus 20061
2500 EB Den Haag
Tel. +31 (0)70 348 4770

Dutch Probation Service
Foreign Section
Postbus 136
3500 AC Utrecht
Tel. +31 (0)30 287 9900
Email: secr.bbb@srn.minjus.nl

Ministry of Justice
International Legal Assistance (Criminal Matters) Division (AIRS)
Postbus 20301
2500 EB Den Haag
Tel. +31 (0)70 370 7911
Fax: +31 (0)70 370 7900

Information line on the Enforcement of Criminal Judgments (Transfer) Act
Tel. +31 (0)70 370 7555
Opening times: weekdays from 0900 to 1200

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