The right to interrogation aid, a long-term monitor
First edition (full text only available in Dutch)
- Klein Haarhuis, C.M., Lierop, L. van (ass.), Aidala, R. (ass.), Beenakkers, E. (ass.), Vroome, T. de (ass.), Damen, R. (ass.), Maertens, G. (ass.), Burema, D. (ass.)
- Place of publication:
- Den Haag
- Year of publication:
- Cahiers 2018-16
In The Netherlands, the right to consult a lawyer before being subject to a police interrogation has been effective since 2010. Since that time, minors have the right to lawyer assistance also during an interrogation. By March 1, 2016, this right of interrogation aid was extended to majors by way of temporary policy rules of the Public Prosecutor’s office and the Legal Aid Board (which were effective until March 1, 2017, when new legislation took effect).
The main topic of this first edition of a ‘Long-term Monitor’ is this right to interrogation aid of majors, more specifically, the organisation and application during the first transition year. Particularly because the right to interrogation aid was introduced within a relatively short period, this study serves the objective of ‘monitoring the implementation and observe whether bottlenecks occur and, where necessary, make adaptations’, as explained by the (then) Minister of Security and Justice to Parliament in a letter of March 22, 2016.
In this report, two main questions are addressed:
1. How has the implementation of the right to interrogation aid been organised, on paper and in practice?
2. How has the right to interrogation aid been applied in practice, during the first year from March 1, 2016 to March 1, 2017?
To answer these two questions, data were gathered from the following organisations: Police, Legal Aid Board, Public Prosecutor’s Office, Royal Military Police, special prosecuting agencies, the legal profession and/or legal aid lawyers.
- Voor een electronische versie - zie: bijlagen (rechtsboven) (only available as pdf)