Detained Abroad

&Evaluation of care to Dutch nationals

in foreign detention

Femke Hofstee-van der Meulen

Bristol University, 28 February 2012

• Who is Femke?

• Incentive to start Phd

• Foreign national prisoners (FNP)

• Methodology

• Evaluation of care to Dutch nationals in foreign detention

• Most appreciated types of care

• Impact care on detention experience and ‘special needs’

• Q&A

Bristol University 28 February 2012

Bristol University 28 February 2012

Incentive

1996 -2005: Visit FNP in prison India, UK and Argentina

2005-2007: Tilburg University study into ‘social exclusion’ of FNP in European prisons.

-> FNP difficult situation, high %, special needs

-> Dutch model seen as ‘good practice’

2008-2012: PhD-research to:

- Explore FNP worldwide

- Evaluate if good practice is best practice

- Create awareness FNP and regard them as a

as a special group with special needs and rights.

Bristol University 28 February 2012

Foreign national prisoners

• Definition

‘A person of different nationality than the country in which he/she is

detained, who on account of factors such as language, lack of social ties,

origin, customs, cultural background or religion may face or raise specific

problems while in detention and/or after release.

• Numbers

• Situation

• ‘Special needs’

• Specific rights

Bristol University 28 February 2012

Numbers

• % foreign nationals in England & Wales?

• Total number?

• % foreign nationals in EU

• Total number?

• % worldwide

• Total number?

Bristol University 28 February 2012

Bristol University 28 February 2012

0

20000

40000

60000

80000

100000

120000

140000

160000

Africa Asia Caribbean CentralAmerica

Europe MiddleEast

NorthAmerica

Oceania SouthAmerica

24,380

49,646

2,296 5,605

158,838

48,808

135,268

7,73316,091

Total number Foreign National Prisoners per region in 2011Source: World Prison Brief, ICPS (February 2011)

Bristol University 28 February 2012

0

5

10

15

20

25

30

35

40

45

50

Africa Asia Caribbean CentralAmerica

Europe MiddleEast

NorthAmerica

Oceania SouthAmerica

3,65%

1,58%

6,89%

1,88%

8,58%

45,36%

5,90%

16,56%

1,99%

Percentage Foreign National Prisoners on total prison pop. In 2011Source: World Prison Brief, ICPS (February 2011)

Situation

• Foreign status

- disadvantages in criminal justice system (pre-trial, no prison leave,

uncertainty about immigration status)

- no access to re-integration opportunities

- risk of discrimination

- no awareness about ability to inform diplomatic mission

- only a few diplomatic mission provide consular care

• Language obstacle

- no or limited awareness about prison rules, procedures

- difficulties to make contact with staff and other prisoners

- restricted access to education and work

- legal support

Bristol University 28 February 2012

Situation

• Distance from family

- limited contact with family as a result of high costs (telephone),

different time zones, sometimes obligation to speak language of

country of detention.

- less support (no food, clothing, money)

- less opportunities to organise practicalities at home and to prepare

for release

• Cultural and religious differences

- religion

- food

- personal hygiene

Bristol University 28 February 2012

‘Special needs’

• Emotional well-being foreign national prisoner

- isolation

- safety

- discrimination

• Awareness of legal proceedings and rights

- clarity about prison rules

- legal support

• Daily life in prison

- Engagement in activities

- Personal hygiene, religion

- Religion

Bristol University 28 February 2012

‘Special needs’

• Contact with outside world

- family

- diplomatic mission, ngo’s, religious organisations

- staff

- fellow prisoners

• Preparations for release and aftercare

- reintegration activities

- aftercare

Bristol University 28 February 2012

Universal binding rights - foreign status

- Treatment

‘all persons deprived of their liberty shall be treated humanely and with

respect for the inherent dignity of the human person’

Article 10.1 International Covenant on Civil and Political Rights (ICCPR)

- Non-discrimination

‘All persons are equal before the law and are entitled without any discrimination to the equal

protection of the law. In this respect, the law shall prohibit any discrimination and

guarantee to all persons equal and effective protection against discrimination on any

ground such as race, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status.’

Article 26 of the International Covenant on Civil and Political Rights (ICCPR)

Bristol University 28 February 2012

Universal binding rights - foreign status

- Information criminal charge in understandable language

- Free assistance of interpreter

‘In the determination of any criminal charge against him, everyone shall be entitled to the

following minimum guarantees, in full equality: a) To be informed promptly and in detail in a

language which he understands of the nature and cause of the charge against him;

f) To have the free assistance of an interpreter

if he cannot understand or speak the language used in court’

Article 14.3 of the International Covenant on Civil and Political Rights (ICCPR)

- Right to contact diplomatic mission

‘Consular officers shall be free to communicate with nationals of the sending State and to

have access to them. Nationals of the sending State shall have the same freedom with

respect to communication with and access to consular officers of the sending State;’

Article 36.1 a) of the Vienna Convention on Consular Relations

Bristol University 28 February 2012

Universal non-binding rights - Language

- Awareness about rules

Foreign prisoners should be informed promptly after reception into a prison, in a language

which they understand and generally in writing, of the main features of the prison

regime, including relevant rules and regulations.

Rec 4. UN Recommendation for the Treatment of Foreign Prisoners (1985)

- Participation in work, education and training

Foreign prisoners should have the same access as national

prisoners to education, work and vocational training.

Rec. 2 ,UN Recommendation for the Treatment of Foreign Prisoners (1985)

Bristol University 28 February 2012

Universal binding rights - Distance from family

- Contact family

‘No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home

or correspondence, nor to unlawful attacks on his honour and reputation.’

Article 17.1 International Covenant on Civil and Political Rights

Bristol University 28 February 2012

Universal binding rights - Culture and religion

- Religion and culture

‘In those States in which ethnic, religious or linguistic minorities exist,

persons belonging to such minorities shall not be denied the right, in community with the other

members of their group, to enjoy their own culture, to profess and practise their own religion,

or to use their own language.’

Article 27 International Covenant on Civil and Political Rights (ICCPR)

- Religion

‘Everyone shall have the right to freedom of thought, conscience and religion.’

Article 18.1 International Covenant on Civil and Political Rights (ICCPR)

Bristol University 28 February 2012

Dutch nationals in foreign detention

• 2,500

• 94 countries

• 83% ♂ 17% ♀• Average age 41 years (4/5 between 20-50 years)

• 43% born in the Netherlands, 1/3 double passport

• 55% Dutch cultural background

• 74,3% finished at least elementary school

• 70% recidivist

Bristol University 28 February 2012

Bristol University 28 February 2012

Why detained?

• 75% for drugs (possession and trade)

(trend ↓ 83% in 2006)

• Motives: 42% paying debts,

18% earning ‘quick’ money

• Risk of being caught estimated too low

• The Netherlands ‘notorious’ for tolerant attitude with regards to usage of drugs and ‘famous’ for production of xtc and transit country (roads, harbours, Schiphol airport)

Bristol University 28 February 2012

Care by the Netherlands

• Dutch Ministry of Foreign Affairs and diplomatic missions

in 137 countries 5,000 visits by consular staff per year

• International Office of Dutch Probation Service 300 visiting volunteers, 48 countries, 10 staff, 6,500 visits per year

• Foundation Epafras43 chaplains, 68 countries, 1,768 visits per year

Bristol University 28 February 2012

Methodology

Quantitative

- Questionnaire 2,608 prisoners in 94 countries (response: 22.4%, 54 countries)

- Questionnaire 1.146 contact-persons of prisoners (response: 21.6%)

Qualitative

- Interviews with 46 prisoners in 8 countries

(Austria, Belgium, Cyprus, Germany, Morocco, Spain, Turkey and UK)

- Interviews with 9 ex-prisoners

- Interviews with 15 relatives of prisoners

- Interviews with 18 consular staf Ministry of Foreign Affairs

- Interviews with 11 visiting volunteers and staff from Dutch Probation

- Interviews with 10 chaplains and staff of Epafras

- 48 letters

Bristol University 28 February 2012

Care

• 93.5% receives type of care:

- 82.2% from Ministry of Foreign Affairs

- 51.7% from Dutch Probation Service

- 40.2% from Epafras

• 2/3 receives a personal visit

• ½ receives info rules and procedures of detention country

• ¾ receives magazine ‘Gezant uit Nederland’

• 24% received within 1 week a visit, 61% within 1 month

• 13% receives 1st visit within 1 week in EU vs 48% > EU

• Annually 5 to 6 visits per year.

VU, 27 januari 2012

Top 10 most appreciated types of care

1. Personal visit (61% BZ, 53,8% RN, 53,3% Epafras)

2. Magazine ‘Gezant van Nederland’ (60,4%)

3. Attention for personal situation (46,8%)

4. Info rules and legal procedures (46,6%)

5. Support with transfer procedures (45,9%)

6. Attention for medical health (40,6%)

7. Monitoring equal treatment in prison (35.1%)

8. Maintain contact with family at home (35.1%)

9. Supporting preparations for resettlement (35.0%)

10. Monitoring legal case (33.0%)

VU, 27 januari 2012

Detention experience

VU, 27 januari 2012

Safety - Contact outside world 0

Rules and rights - Contact with staff --

Hygiëne 0 Contact with fellow prisoners

0

Activities -- Reintegration --

Usage time -- Expectations future ++

Autonomy -

Impact care on detentionexperience

+Medical care -

Impact care on ‘special needs’

VU, 27 januari 2012

Well-being prisoner ++ Contact outside world +/-

Awareness rulesand rights

++ Preparations return +

Daily prison life + General satisfaction withreceiving care from the Dutch organisations

++

Conclusion

• There are nearly half a million FNP worldwide.

• The detention situation is for FNP difficult as a result of their foreign status, language problems, distance from home and cultural and religious differences.

• FNP have special needs and special rights which are hardly addressed.

• Dutch nationals receive care from the Netherlands

• Care is very much appreciated (less lonely, more informed about rights and rules, contact with family, arranging practicalities at home, preparations for return)

• Care has slightly positive impact on detention experience and positive about addressing their special needs.

• Worries about poor aftercare upon return. Bristol University 28 February 2012

Thank you for your attention!

Femke Hofstee-van der Meulen

Tel: +31(0)6-48100333

femke@prisonwatch.org