Consular assistance improves experience of prisoners abroad

In recent decades prison populations have become less homogeneous. There are nearly half a million foreign national prisoners detained abroad; on average 5% of the total prison population. This is particularly true for countries in the European Union, where nearly one in every five prisoners is a foreigner. The highest percentage can be found in the Middle East with more than one in three prisoners being a foreigner.

Foreign national prisoners encounter many difficulties in daily prison life, such as language difficulties and distance from their families. They often feel socially excluded and are unable to exercise their rights. One of their rights is to receive consular assistance from consular staff from their country of origin. This right is not legally binding but is universally accepted by prison authorities. In practice, however, only a few countries provide consular assistance to their nationals in foreign detention.  

Less negative experience

Dutch prisoners abroad who receive consular assistance experience their detention as less negative than those who do not receive assistance, Hofstee found. They feel less unsafe, more informed about the prison rules and procedures and less disconnected from the outside world. They also have better interactions with prison staff and live with higher expectations for the future. The most positive impact measured relates to improved interaction with fellow prisoners. The interest of official bodies from outside the prison helps them to be treated better by other prisoners.

Root causes

The consular assistance provided by the Netherlands, does not, however, address the root causes of the difficulties. The fact that prisoners are detained in degrading conditions, are treated inhumanely and do not receive a fair trial is not addressed, even if the difficulties are directly connected to prison and/or judicial authorities not adhering to international, legally binding rules. Moreover, interviews with ex-prisoners revealed that it is very difficult to resettle in Dutch society after detention abroad.

Hofstee concludes that foreign authorities and organizations can make a difference in the detention experience of their nationals who are detained abroad. The Dutch model of consular assistance is a ‘good practice’ which can become a ‘best practice’ when the Netherlands addresses concerns with foreign authorities when the basic rights of prisoners are not respected and when aftercare is provided to those who resettle into Dutch society.

Picture dictionary

Hofstee developed a universal picture dictionary for foreign detainees who don’t speak the language: ‘Picture it in prison’. The contents of the dictionary can also be found on www.prisonwatch.org.