An inmate has the right to file a complaint against decisions made by the director of the correctional facility. This possibility is enshrined in various legal regulations that protect the rights of detainees. The right to complain is an essential part of the safeguards against unlawful or unreasonable decisions within the detention regime.
Where is grievance against decision director regulated by law?
Filing a complaint against a director's decision is regulated by the Penitentiary Principles Act (Pbw). A detainee can file a complaint against different types of decisions made by the director. These decisions may relate to placement or transfer within the facility, promotion or demotion within the detention phase, granting or denial of leave, disciplinary measures, restrictions on receiving visits, mail, or other forms of communication, and refusal to participate in certain programs or activities.
Procedure for complaint submission
An inmate wishing to file a complaint must do so in writing to the facility's Supervisory Committee. The complaint must be filed within seven days of the publication of the decision. In exceptional cases, the deadline may be extended if the detainee was not reasonably able to file the complaint within this period.
Treatment of the complaint
The Supervisory Committee considers the complaint and hears both the detainee and the warden. The committee may decide to declare the complaint founded or unfounded. If the complaint is upheld, the committee may set aside or modify the director's decision and, if necessary, impose additional measures.
Profession
If a detainee or the director disagrees with the decision of the Supervisory Committee, an appeal may be filed with the Council for Criminal Justice and Youth Protection (RSJ). The appeal must be filed within seven days of the commission's decision. The RSJ can confirm, overturn or modify the decision of the Supervisory Committee.
Lawyer complaint against director's decision needed?
Do you have questions or would you like to seek legal help immediately? If so, please contact our office. You can email us at info@klpadvocaten.nl or contact us by phone during business hours at 020-6731548. For urgent matters, such as an upcoming arrest, please reach us at our emergency number 06-24428734.
