Which Decisions of the Prison Director Can be Complained about?
An inmate has the right to complain about a decision concerning them, made by or on behalf of the prison director. For example, you can file a complaint about a disciplinary punishment or order measure imposed on you, but also about leave denied by the prison director. Even if the prison director refuses or fails to make a requested decision, a complaint procedure is available. However, a complaint procedure is not available in all cases. For instance, if you believe you have been treated unfairly by prison staff and file a complaint for that reason, the complaints committee will declare you inadmissible as a complainant. This is because the actual actions of institution staff are not a “decision made by or on behalf of the director”. Before filing a complaint, it is therefore advisable to carefully consider whether your issue is eligible for complaint under the law. Our lawyers can inform you about the possibilities in your specific case.
Can You File a Complaint against a Decision of the Prison Director?
Every complaint procedure begins with submitting a written complaint. In this, you will need to specifically indicate which decision you are complaining about. You will also need to explain why you disagree with this decision. This written complaint must be submitted within seven days of the director’s decision you are complaining about. Your complaint will then be handled by the complaints committee. If your written complaint does not lead to the desired result, you may be able to appeal to the RSJ against the decision of the complaints committee. In these complaint and appeal procedures, it is recommended to seek legal advice in advance. Our experienced criminal defense lawyers know which legal arguments can be decisive for a positive outcome in your penitentiary procedure.
Why is it Advisable to Engage a Lawyer in a Complaint Procedure?
If you disagree with a decision of the prison director, you can challenge this decision in a complaint procedure. In practice, many complaints appear to have little to no chance of success in a complaint procedure. For example, purely factual actions of prison staff cannot be complained about. Nevertheless, it is advisable to contact us in case of complaint procedures. In certain cases, the prison director can be asked whether he considers a certain action correct. The answer to that question can sometimes be seen as a decision for which a complaint procedure is indeed available. Curious about the possibilities? You can always contact us without obligation.
