Artikel 15: Deprivation of liberty
- Other than in the cases of laid down by or pursuant to Act of Parliament, no one may be deprived of his liberty.
- Anyone who has been deprived of his liberty other than by order of a court may request a court to order his release. In such a case he shall be heard by the court within a period to be laid down by Act of Parliament. The court shall order his immediate release if it considers the deprivation of liberty to be unlawful.
- The trial of a person who has been deprived of his liberty pending trial shall take place within a reasonable period.
- A person who has been lawfully deprived of his libery may be restricted in the exercise of fundamental rights in so far as the exercise of such rights is not compatible with the deprivation of liberty.
Explanation
Please note: Only the Dutch-language version of the Constitution has legal effect.
Article 15 governs deprivation of liberty. No one may be imprisoned except in cases specified by law.
Anyone detained without a court order may ask a judge to release them. The judge must hear the person within a period set by law and order their immediate release if the detention is unlawful, for example because pretrial detention has lasted disproportionately long.
Fundamental rights generally also apply to prisoners, including the confidentiality of correspondence. They may nevertheless be restricted where necessary; for example, a prison governor may be authorised to read prisoners’ mail.