A group of criminal defense attorneys representing clients in the Netherlands’ most secure prisons, including the Extra Secure Institution (EBI) in Vught, are refusing to comply with strict communication regulations. The lawyers state these measures are making their work impossible.
Restrictions on Communication
By not adhering to the rules, attorney-client conversations risk being terminated or the lawyers themselves being removed from the facility. The Dutch Association of Criminal Defense Lawyers (NVSA) has brought the issue to the attention of Justice and Security State Secretary Van Bruggen, urging her to abolish the stringent measures.
The regulations include prohibitions against attorneys speaking with their hands covering their mouths during conversations. Meetings are also monitored via cameras without audio. A breach of these rules can lead to a conversation being interrupted, with the prison director deciding whether the meeting can continue or if the attorney must leave.
Concerns Over Overreach
According to the NVSA, prison authorities are being overly zealous in enforcing the rules. One attorney was reportedly expelled after guards suspected a message was tattooed on her leg. Lawyers have recently been informed they are prohibited from providing clients with digital documents or showing them their laptop screens, even when necessary.
The NVSA has also warned State Secretary Van Bruggen that legal proceedings against serious criminals will likely be delayed if conversations are interrupted or attorneys are sent away. “Such prohibitions make providing adequate legal assistance impossible. Communication with clients must, by definition, take place in a confidential manner, as they must be able to count on confidentiality, even as lawyers must guarantee absolute secrecy,” the NVSA wrote.
Frequently Asked Questions
What measures are the lawyers protesting?
The lawyers are protesting rules that prevent them from communicating freely with their clients, including restrictions on physical gestures during conversations and camera surveillance without audio.
Where are these measures in place?
The measures are currently in place at the Extra Beveiligde Inrichting (EBI) in Vught and the Afdelingen Intensief Toezicht (AIT) of other prisons.
What is the NVSA’s request of the state secretary?
The NVSA is requesting that State Secretary Van Bruggen abolish the stringent communication measures.
As these restrictions continue, will they impact the pace of justice for serious criminal cases?
