Council of State is against recording prisoners’ conversations as a precaution Politics

Outgoing Minister Franc Weerwind (Legal Protection) previously ruled that the amendments (legislative changes) of the VVD and BBB were contrary to the Constitution. Weerwind then asked the Council of State for advice.

The government advisor now calls both changes “a far-reaching restriction on the right to confidential communication with a lawyer. That right is part of the core of the right to a fair trial and is of great importance in a democratic constitutional state.”

Confidential communication may only be limited in “exceptional circumstances” and in individual cases, the Council of State ruled. It is “very questionable” whether the current regulations can be expanded.

Weerwind introduced a bill last year to prevent detainees from continuing criminal activities from prison or from reaching contacts.

This change is intended for serious criminals who pose a very serious risk to the safety of society. Think of people who are detained in the Extra Secure Institution (EBI) in Vught or in Intensive Supervision Departments (AIT). The proposal states, among other things, that some serious criminals may only see their lawyer.

The proposal also requires camera surveillance of conversations between high-risk detainees and their lawyers. These conversations are not monitored. Weerwind wants to prevent them from secretly exchanging information, as Ridouan Taghi did with his cousin who was also his lawyer.

But Weerwind’s bill did not go far enough for the VVD and BBB. That is why VVD member Ulysse Ellian introduced a change in the law to make audio recordings of conversations between certain prisoners and their lawyers.

The amendment to the law by Member of Parliament Lilian Helder (BBB) ​​states that contact between all detainees and their lawyers in an EBI or AIT must be filmed and recorded.

Both amendments received the support of the majority of the House of Representatives in March. Weerwind’s bill itself still needs to be voted on. That vote was postponed due to the ruling of the Council of State.

Om een vraag te kunnen stellen dien je in te loggen. Log in of maak binnen 1 minuut jouw gratis account aan.