International Conference SPT- CPT- NPM. Friday 1st of June 2012 Penitentiary institution Nieuwersluis, the Netherlands

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1 International Conference SPT- CPT- NPM Friday 1st of June 2012 Penitentiary institution Nieuwersluis, the Netherlands

2 International Conference SPT- CPT- NPM The triangular working relationship between SPT, CPT and NPM: inspection in the field of detention on a global, regional and domestic level Organised by the and the VU University of Amsterdam Friday 1st of June 2012, Penitentiary institution Nieuwersluis, the Netherlands

3 2 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

4 Opening and welcoming statements Welcome by Chair Professor Martin KUIJER (VU University of Amsterdam and CPT-liaison for the Netherlands) 9h15 Welcome by the Chair Opening by Gertjan BOS (Head of the Inspectorate of Security and Justice, the coordinating NPM in The Netherlands) Speech by Professor Anton VAN KALMTHOUT (Tilburg University and member of the European Committee for the Prevention of Torture), Necessity of independent monitoring and importance to look at international (European) standards Panel I: Building on standards 9h45 Speech by Olivier TELL (European Commission, Head of Unit Procedural Criminal Law), Strengthening of inter-state trust and reliance on existing monitoring mechanisms within EU framework Speech by Peter VAN DER SANDE (Board member of EUROPRIS - European organisation of Prison and Correctional Services and President of ICPA International Corrections and Prisons Associations) EUROPRIS and ICPA: Disseminations of standards and good practices Speech by Judge Michael REILLY (Inspector of Prisons, Ireland), What standards should inform a Prison Inspectorate, should advice be given by such an Inspectorate and what outcomes might be achieved - an Irish perspective 10h30 Coffee break 10h45 Picture International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 3

5 Panel II: Synergy between SPT and CPT 11h00 Speech by Professor Malcolm EVANS, OBE (Chair of the United Nations Subcommittee on Prevention of Torture), Synergy between the SPT and CPT, What, Why and How? Speech by Jørgen Worsaae RASMUSSEN (Member of the European Committee for the Prevention of Torture) Panel discussion, chaired by Audrey OLIVIER (Programme Officer OPCAT at the Association for the Prevention of Torture) Panel members: Mr Patrice GILLIBERT (Secretary of SPT Secretariat) Professor Anton VAN KALMTHOUT (Tilburg University and member of the European Committee for the Prevention of Torture) 12h30 Lunch Panel III: SPT reliance on NPM s 13h30 Speech by Antenor HALLO DE WOLF (Faculty of Law, Groningen University) Speech by Laura PATON (NPM-coordinator, HM Inspectorate of Prisons, United Kingdom) Speech by Femke HOFSTEE-VAN DER MEULEN (Inspector at Inspectorate of Security and Justice, NPM-coordinator, The Netherlands) Panel discussion, chaired by Mari AMOS (Member of the United Nations Subcommittee on Prevention of Torture) Panel members: Ms Francesca GORDON (Council of Europe, Directorate of human rights, European NPM Project Manager) Mr Sven-Åke JANSSON (Head of Unit Swedish NPM at Ombudsman) Mr Niels DRIEGEN (Trainee at ) 4 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

6 Closing session 15h00 Closing remarks by Martin KUIJER Drinks reception Optional: possibility of a guided tour through the penitentiary institution Practical arrangements Conference venue Penitentiary institution Nieuwersluis Zandpad NK Nieuwersluis Please bring a valid ID. Otherwise, access to the conference venue is not possible. Public transport The nearest railway station is Breukelen, which can be reached easily from Amsterdam Schiphol Airport (taking approximately 30 minutes, with trains leaving Schiphol Airport every 15 minutes). You have to take an intercity train to Amsterdam Bijlmer Arena, and change there to Breukelen. Breukelen can also easily be reached from Utrecht Central station (taking 12 minutes, with trains leaving every 15 minutes). From the railway station it is a 2 minute walk to hotel van der Valk opposite of the station (Chinese building). On Friday 1st of June a shuttle bus and taxi s will leave from the entrance of the hotel at 8.45 am. It is a minutes ride to the conference venue. Please indicate, if you are not a foreign guest or speaker, if you like to make use of this service via n.r.driegen@minvenj.nl. There is also a public bus (number 120) between railway station Breukelen and Nieuwersluis. This bus leaves every 30 minutes (8.37 am, 9.07 am etc). International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 5

7 Car Highway A2 (Utrecht-Amsterdam), take exit 5 to Breukelen. Follow the signs Breukelen. At the roundabout after the bridge take a left to Loenen (N402). After 3.5 km you arrive in Nieuwersluis. Cross the bridge on your right and you will see on your left the Penitentiary Institution Nieuwersluis. It is possible to park your car in front of the conference venue. Taxi UTC +31(0) Hotel For those of you travelling from abroad, reservations can be made in hotel van der Valk. Cost per room per night is 132. The organising committee can assist you in making a reservation. The address of the hotel is: Hotel Breukelen Stationsweg LK Breukelen T. +31 (0) info@breukelen.valk.nl / Picture During the first coffee break, at am, a group picture will be taken. Prison visit In case you like to visit the Penitentiary Institution Nieuwersluis (female prison) after the closing of the conference please inform Niels Driegen at: n.r.driegen@minvenj.nl Organising Committee Professor Martin Kuijer Mrs. Femke Hofstee Mr. Niels Driegen +31(0) m.kuijer@minvenj.nl +31(0) f.b.a.m.hofstee@minvenj.nl +31(0) n.r.driegen@minvenj.nl 6 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

8 Background information SPT Global oversight Monitoring the treatment and conditions of detention of those deprived of their liberty has been given a significant boost with the adoption by the United Nations of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in The OPCAT, which became operational in 2006, established an innovative mechanism to prevent torture by making an independent international monitoring body (Subcommittee for the Prevention of Torture or SPT ) responsible for carrying out regular visits to those deprived of their liberty. The SPT will work in close cooperation with national monitoring bodies (or NPMs). The SPT consists of 25 independent and impartial experts coming from different backgrounds. States 1 who ratify OPCAT are requested to designate, within one year after ratification, a national preventive mechanism (NPM). CPT Regional oversight The European Committee for the Prevention of Torture (CPT) was established within the framework of the Council of Europe in 1987 by the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. It became operational in The work is based on a system of announced and unannounced visits of places of detention in Europe. The CPT carries out visits in order to assess how persons deprived of their liberty are treated and under which conditions they are held. After each visit, the CPT sends a detailed report to the State concerned. This report includes the CPT s findings, and its recommendations, comments and requests for information. The CPT also requests a detailed response to the issues raised in its report. These reports and responses form part of the ongoing dialogue with the States concerned. NPM Domestic oversight In total 31 of in total 47 Member States of the Council of Europe ratified OPCAT. In total 26 Member States appointed one or more NPMs. In September 2010 the Netherlands ratified OPCAT and NPMs were appointed by the end of December Since monitoring places of detention forms an integral part of the Dutch system for protecting persons who are deprived of their liberty the Ministry of Security and Justice decided not to establish a new monitoring body. In total 5 existing inspectorates and oversight bodies were appointed to serve as NPM. The Inspectorate of Security and Justice became coordinator of the Dutch NPMs Member States on May 15, International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 7

9 Participants Name Speakers Mrs. Mari Amos Mr. Gertjan Bos Mr. Niels Driegen Prof. Malcolm Evans Mr. Patrice Gillibert Mrs. Francesca Gordon Dr. Antenor Hallo de Wolf Mrs. Femke Hofstee Mr. Sven Ake Jansson Prof. Anton van Kalmthout Prof. Martin Kuijer Mrs. Audrey Olivier Mrs. Laura Paton Mr. Jørgen Worsaae Rasmussen Judge Michael Reilly Mr. Peter van der Sande Mr. Olivier Tell Participants (confirmed) Mr. Hindpal Singh Bhui Mr. Vincent Delbos Mrs. Cathérine Zicot Mrs. Els Van Herck Mr. Thierry Pons Mr. Peter Hennephof Mr. Koert Swierstra Mr. Eric Nijman Mr. Tijs Bagchus Mrs. Astrid a Campo Mrs. Marjan Wijn Mr. Jeroen de Jong Mrs. Isabelle Cornelis Mr. Arnout Brussaard Mr. Frank Woud Mr. Jacob Struyker-Boudier Mrs. Joyce Dreessen Mrs. Clarinda Coert Mr. Achmed Baaijens Organisation SPT-member Head of Chair SPT Secretary SPT Council of Europe Groningen university Ombudsman Sweden Tilburg University, CPT-member the Netherlands VU University of Amsterdam and CPT-liaison APT HM Inspectorate of Prisons UK CPT-member Denmark Inspector of Prisons Ireland President ICPA, boardmember EuroPris European Commission HM Inspectorate of Prisons UK French Inspectorate of Prisons Prison Administration Belgium Prison Administration Belgium French liaison magistrate Director Dutch Custodial Institutions Agency (DJI) Dutch Custodial Institutions Agency, EuropPris Dutch Custodial Institutions Agency, DBV Dutch Custodial Institutions Agency Dutch Custodial Institutions Agency, Youth Dutch Custodial Institutions Agency Ministry of Security and Justice Ministry of Security and Justice, DSP Ministry of Security and Justice, DSP Ministry of Security and Justice, DEIA Ministry of Security and Justice, section legal affairs Ministry of Security and Justice Ministry of Security and Justice Independent monitoring board Dutch prisons 8 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

10 Mr. Willem Verberk Mrs. Charlotte Marinus Mrs. Simone Jousma Prof. dr. Martin Moerings Mr. Jan Wilzing Mrs. Monique Schippers Mr. Irving Levie Mrs. Yvonne van der Vlugt Mrs. Laurien Koster Representative Representative Mrs. Annemarie Busser Mr. Aram van Galen Mrs. Jolande Uit beijerse Mrs. Kirsten Hawlitschek Mrs. Susan van Gerven Mrs. Maartje Berger Mr. Hans Merkus Mr. Gerdjan Hoekendijk Mr. Roel Welten Mrs. Monique Vroemen Mr. Arjan Alberts Mr. Mike van der Velden Mrs. Anne-Marie IJzerman Mrs. Jitske Straus Mr. Tim Ongering Mrs. Mariëlle Schuijt Mrs. Els Nulkens Mr. Jan Schouten Mrs. Andrea Steenbrink Independent monitoring board Dutch prisons Independent monitoring board Dutch prisons RSJ RSJ CITT IGZ IJZ Dutch National Ombudsman IRM (Human Rights College) Independent monitoring board Military detention Independent monitoring board Dutch police cells Amnesty International NJCM Erasmus University Helsinki Committee The Netherlands Leiden University Defence for Children International, the Netherlands International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 9

11 Biographies speakers Mari AMOS Mari Amos is lawyer by background. She has also double masters in European Affairs and Public Health. She has been previously working for the Estonian Chancellor of Justice. Latter is also appointed as National Preventive Mechanism in Estonia. Presently she is appointed as national coordinator of the implementation of European Union cross-border health care directive. Gertjan BOS Mr. J.G. (Gertjan) Bos (1954) studied Dutch law at Leiden University. From March 1977 to spring 2001 he held various positions within the ministry of Justice. He was deputy chief executive of the Immigration and Naturalization Service, Head of the department general police and investigative policies and project manager for the reorganisation of the police. From April 2001 to October 2005 he worked as Deputy Inspector- General of the Inspectorate of Housing, Spatial Planning and the Environment. From November 2005 to December 2010 he was deputy director-general Security of the ministry of the Interior and Kingdom Relations. Niels DRIEGEN Niels Driegen is a trainee at the inspectorate of Security and Justice and a student Public Management at Utrecht University. He is writing his thesis on the implementation of OPCAT and makes an international comparison between different Western-European countries on the organisational form of NPMs. 10 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

12 Malcolm EVANS Malcolm Evans is Professor of Public International Law at the University of Bristol and where he has also been Dean of the Faculty of Social Sciences and Law. In 2009 he was appointed member of the UN Subcommittee on the Prevention of Torture and became its Chair in February He has been engaged in the study of Torture Prevention for over 20 years, and has written extensively on both the CPT and SPT. He also works on matters concerning the international protection of religion and belief, is a member of the OSCE Advisory Council on the Freedom of Religion and Belief and is also a member of the UK Foreign Secretary s Advisory Group on Human Rights. Patrice GILLIBERT United Nations staff member since 1992, held various positions at the Office of the High Commissioner for Human Rights: desk officer for Technical Cooperation programs in Africa and Asia ( ); assistant of UN independent experts for the drafting of UN studies on impunity and independence of justice ( ), assistant of the UN Special Rapporteur on freedom of religion or belief ( ), staff member of the OHCHR Petitions Unit dealing with individual complaints procedures ( ), Secretary of the UN Human Rights Committee ( ). Since 2008 Secretary of the Subcommittee for the Prevention of Torture. Francesca GORDON Francesca Gordon is a UK solicitor and has been the project manager for the Council of Europe s European NPM Project since its inception in In this role she has worked closely with international, regional and domestic torture prevention bodies through the creation of a forum for CoE-region NPMs which helps to ensure coordination across the region. Francesca has a LLM in International Human Rights Law from Essex University, where she is currently also studying for a doctorate. Her doctoral thesis focuses on approaches to torture prevention in China. International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 11

13 Antenor HALLO DE WOLF Antenor Hallo de Wolf is a lecturer of International Law and Human Rights Law at the Faculty of Law of the University of Groningen in the Netherlands. He obtained his PhD at Maastricht University. From he was involved in a three-year project at the School of Law of Bristol University in the United Kingdom analyzing the OPCAT and the evolving practice surrounding the establishment or designation of the national preventive mechanisms in various countries around the world. Femke HOFSTEE-VAN DER MEULEN Femke Hofstee-van der Meulen studied History at Leiden University. After traineeship at the Council of Europe and European Commission she worked in the European Parliament from 1998 to From 2001 to 2002 she was Research Associate at the International Centre for Prison Studies (ICPS) in London. After her return to The Netherlands she established Prison Watch ( For the Dutch Prison Service she wrote the Training Guide for Prison Officials based on the European Prison Rules and she is co-author of the book Foreigners in European prisons. Femke became Inspector at the Inspectorate for Security and Justice in She hopes to finish her PhD on Dutch nationals in foreign detention in Sven Åke JANSSON Sven Åke Jansson was Juris kandidat, LLM at the University of Uppsala in He served as Law Clerc, Legal Clerc, Assistant Judge and finally Associated Judge in Swedish courts between 1999 and He was legal Advisor at the Office of the Parliamentary Ombudsman from 2005 to He was legal Advisor to the Swedish Armed Forces in Kosovo from 2007 to He was senior Legal Advisor at the Office of the Parliamentary Ombudsman from 2008 to Currently he is head of the NPM-unit since International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

14 Anton van KALMTHOUT Professor Anton van Kalmthout (1954) studied Latin, Greek and Law. In 2001 he obtained a doctoral degree at Tilburg University and since then he became Professor Restriction of Freedom and Deprivation of Freedom at Tilburg University. He played an active role in organisations such as the Dutch Probation and Legal Aid organisations. Since 2005 Anton is Dutch representative of the CPT. Martin KUIJER Martin Kuijer (1972) is the senior legal adviser on human rights law at the Netherlands Ministry of Security and Justice, where he is inter alia responsible for the contribution of the Ministry in cases against the Netherlands before the European Court of Human Rights. He was appointed Professor in human rights law at the VU University of Amsterdam in 2004, since 2006 he acts as liaison officer on behalf of the Netherlands government for the European Committee for the Prevention of Torture (CPT) and in 2007 he was appointed substitute judge at the Court of Appeal in Arnhem. Audrey OLIVIER Ms Audrey Olivier is responsible for coordinating APT s work on the OPCAT, both within the organisation and with all its partners worldwide, and is responsible for maintaining APT s on-line information on the OPCAT, in particular the unique service on developments with NPMs. She has been working at the APT since 2006 and has been involved in torture prevention operations in Africa, Asia, Latin America and Europe. She completed a Masters degree in International and European Law as field legal officer from Aix-en-Provence School of Law and holds a diploma in Politics and Public Administration. International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 13

15 Laura PATON Laura Paton is senior policy officer with HM Inspectorate of Prisons and is the coordinator of the UK s national preventive mechanism set up under the Optional Protocol to the Convention against Torture. Laura s background is in human rights law with a particular focus on the rights of children and young people. She has previously worked for children s NGOs and for Scotland s Commissioner for Children and Young People. Jørgen Worsaae RASMUSSEN Jørgen Worsaae Rasmussen, born Odense, Denmark. Domicile: Frederiksberg, Copenhagen, Denmark. Master of theology (candidatus theologiae) 1971, University of Copenhagen. Chaplain at Taksigelseskirken, Copenhagen Chaplain at The Copenhagen Prisons (three closed Institutions mainly for remand prisoners) Since 1979 Member of Danish Association for Legal Policy Issues and its working group on Isolation, focusing on the psychological and social consequences of the use of total isolation of prisoners during pre-trial detention. Since December 2005 member of the CPT. Judge Michael REILLY Judge Reilly served as Judge of the District Court from 1982 to his appointment as Inspector of Prisons in He was a Judge of the Special Criminal Court from In 1991 he presided as a Sole Member of a Judicial Inquiry which investigated the deaths of fishery officers in Ireland. In 1999 he established the Nenagh Reparation Project. He chaired the Criminal Justice Sub Group of the National Crime Council from 1999 to In 2007 he was nominated by the Irish Authorities to conduct an Inquiry in the Seychelles on behalf of the Seychelles Government. He is a member of the International Penal and Penitentiary Foundation. As Inspector of Prisons he has published Standards for the Inspection of Prisons and Reports on International Best Practice on issues such as cell size, obligations owed to prisoners, use of special cells, complaints procedures, disciplinary procedures, prisoners healthcare and deaths in custody. 14 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

16 Peter VAN DER SANDE In 2000 Peter van der Sande (64) switched from the Ministry of Education, Culture and Science, where he worked as deputy Managing Director of a major implementing body, to DJI, an implementing body of the Ministry of Security and Justice, which is also responsible for the Dutch prison system. As deputy General Director and sector director, Peter headed the Prison System for nine years. He was appointed General Director of the entire DJI in July He retired in In 2011 he became President of the ICPA and he is co founder and treasurer of Europris. Olivier TELL Oliver Tell is head of Unit of the Procedural Criminal Law unit (unit 1B) of DG Criminal Justice at the European Commission. International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands 15

17 Notes 16 International Conference SPT-CPT-NPM, Nieuwersluis, the Netherlands

18 Organised by the and the VU University of Amsterdam Dit is een uitgave van: Inspectie voor Veiligheid en Justitie Kalvermarkt CB Den Haag Postbus EH Den Haag June 2012 Publicatie-nr. j-14464

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