In 2013 and 2014 the Criminal Injuries Compensation Fund decided on 58 and 61 applications respectively for financial compensation in connection with trafficking. In 2014 over 75% of applications were granted. This represents a considerable increase compared with preceding years. In 2014, the average amount granted by the Fund for violent crimes in general was €3161. Data on the average amount granted to victims of human trafficking is not available. Rights of residence for victims of human trafficking Under the current rules on residence for human trafficking victims, such persons can obtain a temporary residence permit on humanitarian grounds if there are clear indications that they are the victim of human trafficking but are unable to cooperate with the criminal investigation due to threats or a serious medical condition. The National Rapporteur noted in her Ninth Report that in practice this provision is invoked only a few times a year. In response to this observation, the provision was explicitly drawn to the attention of the police, health and social care workers and the Immigration and Naturalisation Service (IND). In addition, the Aliens Act Implementation Guidelines were amended so that the police are no longer required to draw up an affidavit confirming that the person is a victim of human trafficking; their affidavit merely has to confirm the existence of signs of human trafficking. If is the slightest indication of human trafficking victims have the right to a rest and reflection period of up to three months, in which they can come to a decision about cooperating in the investigation or prosecution. If after that period the victim decides to cooperate, this constitutes an application for a temporary residence permit on the grounds of human trafficking. The number of times victims made use of the reflection period fell from 223 in 2013 to 174 in 2014. The number of applications for a temporary residence permit also fell slightly: from 268 in 2013 to 251 in 2014. Not all victims apply for a residence permit after the reflection period. This was particularly the case with victims originating from Central and Eastern Europe and victims. Applications for a temporary residence permit on these grounds are usually granted. The figures for 2015 and 2016 had not yet been published by the National Rapporteur at the time of writing. With regard to residence permits for victims of human trafficking, including those who are unable to cooperate, the following applies. A residence permit can be granted to third-country nationals on the condition that human trafficking is reported to the police and a criminal investigation of the perpetrator has begun.
Violence between detainees leading to serious injury 2013 2014 2015 2016 Custodial institutions 14 5 6 4 Immigration detention 0 1 1 0 Total 14 6 7 4 Overview of reports of incidents registered as crimes of violence committed by personnel against detainees 2013 = 5 reports registered Case number Type Description Disposal 2608 Disciplinary investigation Officer placed disorderly adolescent in isolation; use of neck hold by officer resulted in injury Written reprimand 2528 Disciplinary investigation A prison officer used language towards a detainee and then seized him ‘by the collar’ in order to place him ‘behind the door’. Written reprimand 2453 Investigation of the facts Possible use of by a staff member against a detainee. Investigation by Integrity Bureau revealed that no physical violence had been used; issue to be
addressed in job performance interview. 2598 Report of breach of professional ethics Staff member concerned was alleged to have kicked a detainee twice in the back in his cell or stood watching while another person did this. The detainee lodged a complaint with the duty member of the supervisory committee. The incident was allegedly witnessed by another detainee. An internal investigation found no grounds for further investigation by Integrity Bureau. Facts not proven (case involved two members of staff, see below). 2599 Report of breach of professional ethics Staff member concerned was alleged to have kicked a detainee twice in the back in his cell or stood watching while another person did this. The detainee lodged a complaint with the duty member of the supervisory committee. The incident was allegedly witnessed by another detainee. An internal investigation found no grounds for further investigation by Integrity Bureau. Facts not proven (case involved two members of staff, see above). 2014 = 3 reports registered Case number Type Description Disposal
3054 Request for advice An escort from the Transport and Support Services Department (DV&O) was alleged to have used force. A criminal complaint was lodged against him. An internal investigation found that excessive force had not been used; Public Prosecution Service (OM) decided not to prosecute. 2831 Request for advice Possible ill-treatment of a detainee. A criminal complaint alleging was lodged and an investigation launched by Zeist police. Involved an external employee. Contract with the individual was terminated. Not if criminal complaint led to conviction. 3103 Questions from party Young detainee lodged complaint of ill-treatment against staff member OM decided not to investigate complaint (the conclusion was that appropriate force had been used). 2015 = 2 registered reports Case number Type Description Disposal 3138 Report of breach of professional ethics Criminal complaint lodged by detainee against DV&O staff member. OM decided not to prosecute; no intentional 3305 Report of breach of professional ethics Staff member seized hold of young detainee and bit him. Conditional termination of employment. 2016 = 2 reports registered Case number Type Description Disposal treatment.
Security guards Total BBB completed BBB not yet completed 1 of BBB completed Engaged in 1 of BBB Engaged in stage 2 of BBB BBB not yet started 155 102 61 2 16 (2 suspended); must have completed BBB by 21 (3 removed from examination hall for cheating). Results of resits: early September 14 (1 suspended). Planning: from February to mid-July 2017 Prison officers Total PIW course completed PIW not yet started Work placement 157 122 have completed the course; Some trainees still have to complete certain subjects. 35 (three groups). Planning: 29 Aug. to 28 Oct., 31 Oct. to 30 Dec. and 9 Jan. to 17 March. 19 trainees have completed work placement in the FOBA unit. 9: Source: Curriculum for PIW & BBB 2016 curriculum for SDKK (prison officers) General Computer skills (Windows) Computer skills (Word) Fitness/sport Social communication skills Aggression management Legislation Introduction to law
Known: 79% Agriculture, forestry and fisheries (65) Hospitality industry (33) Forced criminality (23) Industry (22) Household work (20) Wholesale and retail; car repair (9) Construction industry (8) Transport and storage (7) Health care and social welfare (4) Culture, sport and recreation (1) trade (1) Other services (28) Figure 4.2 (page 8) Average age of victims according to form of exploitation (2011-2015) Source: CoMensha (2011-2015) Sexual exploitation Sexual exploitation excluding victims only reported by the KMAR (Royal Military Border Police) Exploitation outside the sex industry Form of exploitation unknown Figure on page 11 Registration Registration, information and advice Registration and shelter Figure 2 (page 11) Compensation orders according to amount awarded Source: Central Fine Collection Agency (CJIB)