Bordered penality in the Netherlands: The experiences of foreign national prisoners and prison officers in a crimmigration prison

Abstract

In recent years there has been growing attention for so-called crimmigration prisons: all-foreign prisons with immigration staff embedded where not rehabilitation, but deportation is the ultimate aim. Following Norway and the United Kingdom, since 2014 the Netherlands is another country with such a prison. This article analyses penal policies in the Netherlands vis-à-vis foreign national prisoners, including the establishment of the crimmigration prison. Drawing on extensive empirical fieldwork in the crimmigration prison, it subsequently examines how this is experienced and understood by both prison officers and foreign national officers. The results show that the limited opportunities to work on rehabilitation means that prison officers struggle to find meaning and satisfaction in their work. For prisoners, experiences in the crimmigration prison strongly depend on their subjective identity and attachment to the Netherlands. Whereas the lack of meaningful activities and remote location of the prison considerably add to the pains they experience, specific elements of the prison also help to mitigate some of the pains foreign national prisoners most commonly experience, especially isolation and uncertainty. The article finishes by a discussion about what this says about how the state should treat individuals it seeks to both punish and deport.

The Effect of Legal Status on Prison Misconduct

“…While prior research has established the importance of visitation in shaping both in-prison experiences and post-release success, qualitative accounts from Europe suggest that foreign-born inmates suffer from a lack of social ties due to limited visitations and long-distanced relationships (Brouwer, 2020; Ugelvik & Damsa, 2018; Warr, 2016). This issue may be particularly true for undocumented inmates, especially if their family and friends also lack legal documentation and do not have the necessary credentials (e.g., driver’s license) to visit a relative in prison (Christian, 2005).…”

Undesirable and unreturnable individuals: Rethinking the International Criminal Court’s human rights obligations towards detained witnesses

“…135 In 2014 the Netherland established the so-called 'crimmigration prisons', which exclude foreign national prisoners from rehabilitation programmes because they are expected to be deported at the end of their sentence. 136 Against this background, it is clear that the ICC cannot pass its responsibility to protect witnesses to the host state, especially considering it is an onerous burden for only one country. In light of these shortcomings, the next section considers whether there is a greater role to be played by protective measures.…”

Distance Education for Dutch Citizens Detained Abroad: A Mixed-Methods Case Study of the Foundation ‘Education behind Foreign Bars’

“…Despite foreign nationals' equal rights to prison education, they have less educational opportunities than national prisoners [16][17][18]. Additional measures should be taken by prison authorities to give foreign national prisoners the same access as national prisoners [6], such as distance education from their home country.…”