Dying in the arms of Dutch governmental authorities (original) (raw)
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Death in Custody: Towards an International Framework for Investigation and Prevention
Emerging Issues in Prison Health, 2016
Deaths in custody warrant scrutiny, not only because they might be due to torture, abuse and inadequate medical care, but also because they pose challenges for detaining authorities. It is a widely overlooked problem that in many prisons deaths are frequent and most of them are considered ‘normal’ or ‘natural’ and not necessarily investigated while some of them were preventable. The lack of guidance to health care workers or international personnel in the field as to how to proceed in cases of deaths in custody is one of the reasons why investigations into deaths in custody are not conducted or are ineffective. In light of this real and persistent problem, a multidisciplinary research project on the legal, medical and forensic aspects of investigating deaths in custody has been carried out between 2008 and 2013 by the University Centre for Legal Medicine of Geneva and Lausanne, the Geneva Academy of International Humanitarian Law and Human Rights, the University of Bern, the International Centre for Prison Studies (King’s College London) and the ICRC. As a result of this collaborative effort, the Guidelines for investigating deaths in custody have been published by the ICRC in 2013. The latter Guidelines fill an important gap by offering practical guidance to detaining authorities, investigating authorities, humanitarian agencies and others on the standards and procedures to be followed when a death occurs in custody. This chapter presents the background, content and usefulness of the Guidelines after having discussed some of the key medical and legal issues related to death in custody such as: how to define deaths in custody? What are the most prevalent causes of deaths in custody? What is the legal framework pertaining to the prevention and investigation of deaths in custody? How to investigate and prevent deaths in custody?
The investigation of deaths in custody: A qualitative analysis of problems and prospects
Journal of Forensic and Legal Medicine, 2014
The right to be treated humanely when detained is universally recognized. Deficiencies in detention conditions and violence, however, subvert this right. When this occurs, proper medico-legal investigations are critical irrespective of the nature of death. Unfortunately, the very context of custody raises serious concerns over the effectiveness and fairness of medico-legal examinations. The aim of this manuscript is to identify and discuss the practical and ethical difficulties encountered in the medico-legal investigation following deaths in custody. Data for this manuscript come from a larger project on Death in Custody that examined the causes of deaths in custody and the conditions under which these deaths should be investigated and prevented. A total of 33 stakeholders from forensic medicine, law, prison administration or national human rights administration were interviewed. Data obtained were analyzed qualitatively. Forensic experts are an essential part of the criminal justice process as they offer evidence for subsequent indictment and eventual punishment of perpetrators. Their independence when investigating a death in custody was deemed critical and lack thereof, problematic. When experts were not independent, concerns arose in relation to conflicts of interest, biased perspectives, and low-quality forensic reports. The solutions to ensure independent forensic investigations of deaths in custody must be structural and simple: setting binding standards of practice rather than detailed procedures and relying on preexisting national practices as opposed to encouraging new practices that are unattainable for countries with limited resources.
COMPARISON BETWEEN PRACTICE AND PROCEDURE IN DEALING WITH UNNATURAL DEATH AT EENHANA POLICE STATION
Abstract In order to provide quality investigation of death due to unnatural causes, there is a need of improvement on official procedure, unfortunately the deviation from the official procedure by investigators might be a barrier to the quality service delivery but physical examination, manner and cause of death have little improvement unless the policy is changing, however, this research report has searched to find a solution that would be benefitted the investigators. The purpose is to improve and deliver the quality of the services required to develop an understanding of procedure and practice in dealing with the unnatural death investigation and search for changing and updating the policy and the inquest docket system. The Research design provided the structure and process in the research. The unit of analysis were individual police officers who participate in the research report. Qualitative approach applied to answer the research question and semi – structured interview as a technique and interview schedule as a tool to collect data from primary source. The target population were drawn from the subject being investigated a small number of sample drawn from the target population of police officers who were the subject of investigation. The knowledge acquired in the research report can also applied to the Namibian Police Force to its members and entire top management to achieve required end result of service in the force. Finally the Improvement and updating the inadequate and outdated policies and laws is also based on the political will of the current government. The unnatural death is a case with no record number because the decision to investigate or to issue a certification of death is based on individual police officer and immigration officer who received the POl700 for death registration.
Criminal Law Forum
Recently the controversy about the police use of force has increased within The Netherlands. Simultaneously it has become clear that courts have provided divergent judgments in these cases; some have sentenced and others have acquitted police officers. Whereas victims of the police use of force increasingly ask for the prosecution of these officials, others demand to change the reporting procedure in favor of the officer's legal position. This research explains how the reporting procedure for these cases is construed under Dutch law-particularly regarding the serious use of force-seeing that such a contribution currently lacks in (inter)national legal literature. Besides, it examines to what extent the abovementioned procedure violates the officer's right against forced self-incrimination under the ECHR. This research concludes, in absence of a court ruling, that the procedure is incompatible with the ECHR when the evidence that follows from the officers' duty to notify is admissible in criminal procedures.
The changing “soul” of Dutch policing
Policing: An International Journal of Police Strategies & Management, 2007
PurposeThe purpose of this paper is to address the changing organization and culture of the Dutch police over the last decade.Design/methodology/approachDrawing on personal observation, desk research and a survey among the police and administrative elite in The Netherlands, the paper describes, analyzes and reflects upon developments which are out of tune with the Dutch tradition.FindingsFrom the 1960s onwards, The Netherlands was famous for her pragmatic, decentralized and friendly style of community policing. The slogan “the police are your best friend” summarizes the “essence” or the “soul” of Dutch policing. Increasingly, however, the typically tolerant, friendly and social policing style has come under pressure. The system of relatively independent regional police departments has been fiercely criticized because of the lack of effectiveness and efficiency in solving crime, safety and security challenges. National government now wants a much bigger say in setting its police prog...
BMJ, 1994
The practice of euthanasia in the Netherlands is often used as an argument in debates outside the Netherlands-hence a clear description of the Dutch situation is important. This article summarises recent data and discusses conceptual issues and relevant characteristics of the system of health care. Special emphasis is put on regulation, including relevant data on notification and prosecution. Besides the practice of euthanasia the Dutch are confronted with the gaps in reporting of cases to the public prosecutor and the existence of cases of ending a life without an explicit request. Nevertheless, the "Dutch experiment" need not inevitably lead down the slippery slope because of the visibility and openness of this part of medical practice. This will lead to increased awareness, more safeguards, and improvement of medical decisions concerning the end oflife.
European Journal on Criminal Policy and Research
This study analyzes how the Dutch criminal justice system works from an abstract and a practical perspective. Using data collected through quantitative (police and prosecution databases) and qualitative (interviewing of key participants familiar with the databases and observation of some ongoing trials) procedures, it identifies the main features of this system as well as the main problems that researchers might have when working with data recorded by the police and the prosecution service. This is a methodological paper that intends to contribute with the data analysis research in this field.