Geopolitics

A Model Prison For Those Accused Of The Most Heinous Crimes

Behind the high walls of a Dutch penitentiary, a handful of accused war criminals are housed in a one-of-a-kind prison that aims to embody the ideals of justice.

Cell at the Hague prison
Cell at the Hague prison
Adrien Jaulmes

THE HAGUE — For a long time, a dictator's or warlord's career tended to end in exile or violent death. International justice has added another option to closing the reign of a tyrant. For 22 years, dozens accused of genocide, crimes against humanity and war crimes have found themselves on the banks of the North Sea, waiting for and living through their trials from behind the walls of a new kind of prison, created inside a Dutch penitentiary.

In the residential Scheveningen district of the Hague, the Haaglanden penitentiary may appear as just another building. Neighboring houses are built along its brick walls, cyclists pass without even looking at the old entrance, a portal with crenelated towers like that of a movie set. Now almost empty, this penitentiary, once the largest in the Netherlands, still shelters certain prisoners. Since 1995, the International Criminal Tribunal for the Former Yugoslavia and, since 2002, those of the International Criminal Court, have been incarcerated in a specially constructed building in the compound.

Under strict supervision, they enjoy considerably more comfortable living conditions than would be found in a normal prison. Modern individual cells, a telephone, computer, gym, fireplace and kitchen have fed criticisms of a "five-star hotel" and have earned the prison the nickname "Hilton of the Hague."

We are trying to make the institution as international as possible.

In reality, the detention center in Scheveningen is a high-security prison. Its function is to embody international justice: modern, civilized, respectful of human rights, but sometimes also a bit hypocritical and capable of cold brutality. Marc Dubuisson, Director of Court Support Services, is responsible for the prison's operations. He responds to criticism by reminding critics of its principles. "Prisoners are accused awaiting trial, and are therefore presumed innocent, which is not always well understood outside: They have rights that they will no longer have once condemned."

The gate to the Scheveningen Prison — Photo: Christopher A. Dominic

In fact, the prison does not punish at all. Detainees at the Hague are kept there only while awaiting trial or during the trial itself, which may last several years. The convicts are transferred to a prison in a state willing to accept them. "Meanwhile, we are doing everything to make their lives easier and make their detention tolerable," says Dubuisson.

Computers, he says, are not connected to the Internet. They allow defendants to communicate with lawyers and have access to their files, some of which have hundreds of thousands of pages. Defendants also are given language lessons. "Most of them are francophones, but they are given English lessons so that they can follow their case more easily. They can also take courses in computer science, painting, music, and may practice the religion of their choice."

This is a particular prison because of the particular inmates.

In practice, the detention center is divided into two parts: the Tribunal for the Former Yugoslavia and the International Criminal Court. The accused currently detained by the ICC are all from the African continent: Laurent Gbagbo, former President of Ivory Coast, and Charles Blé-Goudé, its former Minister of Youth and Sports; Bosco Ntaganda, leader of the Congolese militia, accused of extra-judicial killings in North Kivu in the Democratic Republic of Congo; Jean-Pierre Bemba, former vice-president and Congolese warlord; Ahmad al-Faqi al-Mahdi, a Malian jihadist, and Dominic Ongwen, kidnapped by guerrillas of the Lord's Resistance Army in Uganda before becoming one of its leaders. There is frequent criticism of a somewhat unevenly distributed international justice system.

In fact, for the last few years, after most of the accused from the former Yugoslavia had already been tried, the defendants have been nearly all African, contained in a European prison. "We are trying to make the institution as international as possible," says Dubuisson. "The prison director is Irish, and he has assistants of Italian, Congolese and Tanzanian nationality. We want to avoid black inmates guarded by whites. Our guards are recruited differently from conventional prisons. We recruit women, different ethnic backgrounds, and people who speak foreign languages."

Laurent Gbagbo, former President of Ivory Coast, is among the accused currently detained by the ICC — Photo: Clara Sanchiz

Cultural particularities are a permanent concern to the center, which aims to supply prisoners from different countries food that matches their respective local diets, though this can incur high costs. Another difficulty is giving the prisoners the ability to contact their families. "We try to maintain links with the outside world as much as possible," said Fadi el-Abdallah, an ICC spokesman. "It is a right, especially for children, who should not be held accountable for the crimes their parents have committed. The prisoner should be able to receive anyone he wants, except journalists." But even this measure encounters unforeseen difficulties. These visits should not be used to relay orders, including the use of pressure on witnesses.

Still Dubuisson says the prison aims to "respect human rights 300% ... This is a particular prison because of the particular inmates. We do not have "small problems," no assaults of guards, no drugs. We have people with a certain level of education, they are not small-time offenders. I gather them regularly around a table to discuss the problems of everyday life."

A former Belgian court clerk, Dubuisson first joined the International Criminal Tribunal for the Former Yugoslavia in the 1990s. Today he heads the Directorate of Judicial Support Services and is responsible for everything from the detention of the accused and the participation of the victims, to language interpretation and administration. He personally travels to the countries from which the accused are extradited to ensure that their care is carried out according to the rules.

The "Hilton of the Hague"

His intention is to make the Hague Detention Center an exemplary prison, "an example in detention."

"It's sometimes difficult," he said. "There is no problem finding money for victim compensation funds or bringing witnesses to the Hague. On the other hand, no one wants to pay for the families of the defendants. But I wanted it to be a right, not so much for the accused, but at least to respect the rights of the children to see their parents."

There was also the problem of "conjugal visits," which are permitted. "But we had to adapt to polygamy. An inmate can bring all his wives, but can't have more visits than a monogamist."

The ICC is also concerned that the Dutch authorities may want to close the Scheveningen prison: This vast, nearly empty area on the seashore is evidently of real property value. The decision has been postponed for now, partly because of the history of the prison, in which thousands of Dutch resistance fighters were incarcerated during World War II. The other reason is to keep the ICC active. Investigations into war crimes in South Ossetia and the Central African Republic are underway. More suspected war criminals may arrive from different parts of the world, but with the same rights to be protected.

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Geopolitics

Erdogan And Boris Johnson: A New Global Power Duo?

As Turkey fears the EU closing ranks over defense, Turkish President Erdogan is looking to Boris Johnson as a post-Brexit ally, especially as Angela Merkel steps aside. This could undermine the deal where Ankara limits refugee entry into Europe, and other dossiers too.

Johnson and Erdogan in NYC on Sept. 20

Carolina Drüten and Gregor Schwung

-Analysis-

BERLIN — According to the Elysée Palace, the French presidency "can't understand" why Turkey would overreact, since the defense pact that France recently signed in Paris with Greece is not aimed at Ankara. The agreement covers billions of euros' worth of military equipment, and the two countries have committed to come to each other's aid if they are attacked.

Although Paris denies this, it is difficult to see the agreement as anything other than a message, perhaps even a provocation, targeted at Turkey.

Officially, the Turkish government is unruffled, saying the pact doesn't represent a military threat. But the symbolism is clear: with the U.S., UK and Australia recently announcing the Aukus security pact, Ankara fears the EU may be closing ranks when it comes to all military issues.

What will Aukus mean for NATO?

Turkey has long felt left out in the cold, at odds with the European Union over a number of issues. Yet now President Recep Tayyip Erdogan is setting his sights on another country, which also wants to become more independent from Europe: the UK.

Europe's approach to security and defense is changing dramatically. Over the past few months, while the U.S. was negotiating the Aukus pact with Britain and Australia behind the EU's back, a submarine deal between Australia and France, which would have been worth billions, was scrapped.

The EU is happy to keep Erdogan waiting

Officially, Turkey is keeping its cards close to its chest. Addressing foreign journalists in Istanbul, Erdogan's chief advisor Ibrahim Kalin said the country was not involved in Aukus, but they hope it doesn't have a negative impact on NATO. However, the agreement will have a significant effect on Turkey.

"Before Aukus, the Turks thought that the U.S. would prevent the EU from adopting a defense policy that was independent of NATO," says Sinan Ülgen, an expert on Turkey at the Brussels think tank Carnegie Europe. "Now they are afraid that Washington may make concessions for France, which could change things."

Macron sees post-Merkel power vacuum

Turkey's concerns may well prove to be justified. Outgoing German Chancellor Angela Merkel always argued for closer collaboration with Turkey, partly because it is an important trading partner and partly because it has a direct influence on the influx of migrants from Asia and the Middle East to Europe.

Merkel consistently thwarted France's plans for a stricter approach from Brussels towards Turkey, and she never supported Emmanuel Macron's ideas about greater strategic autonomy for countries within the EU.

But now she that she's leaving office, Macron is keen to make the most of the power vacuum Merkel will leave behind. The prospect of France's growing influence is "not especially good news for Turkey," says Ian Lesser, vice president of the think tank German Marshall Fund.

Ankara fears the defense pact between France and Greece could be a sign of what is to come. According to a statement from the Turkish Foreign Ministry, the agreement is aimed "at NATO member Turkey" and is damaging to the alliance. Observers also assume the agreement means that France is supporting Greece's claims to certain territories in the Mediterranean which remain disputed under international law, with Turkey's own sovereignty claims.

Paris is a close ally of Athens. In the summer of 2020, Greece and Turkey were poised on the threshold of a military conflict in the eastern Mediterranean. Since then, Athens has ordered 24 Rafale fighter jets from France, and the new pact includes a deal for France to supply them with three frigates.

Photo of French President Emmanuel Macron and Greek Prime Minister Kyriakos Mitsotakis on September 27 in Paris

French President Emmanuel Macron and Greek Prime Minister Kyriakos Mitsotakis on September 27 in Paris

Sadak Souici/Le Pictorium Agency/ZUMA

Erdogan’s EU wish list

It's not the first time that Ankara has felt snubbed by the EU. Since Donald Trump left the White House, Turkey has been making a considerable effort to improve relations with Brussels. "The situation in the eastern Mediterranean is peaceful and the migrant problem is under control," says Kalin. Now it is "high time" that Europe does something for Turkey.

Erdogan's wish list is extensive: making it easier for Turks to get EU visas, renegotiating the refugee deal, making more funds available to Turkey as it continues the process of joining the EU, and moderniszing the customs union. But there is no movement on any of these issues in Brussels. They're happy to keep Erdogan waiting.

Britain consistently supported Turkey's ambition to join the EU

Now he is starting to look elsewhere. At the UN summit in September, Erdogan had a meeting with British Prime Minister Boris Johnson at the recently opened Turkish House in New York. Kalin says it was a "very good meeting" and that the two countries are "closely allied strategic partners." He says they plan to work together more closely on trade, but with a particular focus on defense.

 Turkey's second largest export market

The groundwork for collaboration was already in place. Britain consistently supported Turkey's ambition to join the EU, and gave an ultimate proof of friendship after the failed coup in 2016. Unlike other European capitals, London reacted quickly, calling the coup an "attack on Turkish democracy," and its government has generally held back in its criticism of Turkey.

At the end of last year, Johnson and Erdogan signed a new free trade agreement, which will govern commerce between the two countries post-Brexit. Erdogan has called it "the most important treaty for Turkey since the customs agreement with the EU in 1995."

After Germany, Britain is Turkey's second largest export market. "Turkey now has the opportunity to build a new partnership with the United Kingdom and it must make the most of it," says economist Ali Kücükcolak from the Istanbul Commerce University.

Erdogan is well aware of this, as Turkey is in desperate need of an economic boost. Inflation currently stands at 19%, and the currency's value is consistently falling. Turks are feeling the impact on their daily lives: food and rent are becoming increasingly expensive, while salaries remain unchanged.

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