In 2015, the municipality of Amsterdam launched the “Top400,” a crime prevention program through which the municipality and chain partners structurally intervene in the lives of children and young adults. The Top400 follows on from 2011’s Top600, which focuses on young people previously convicted of a crime.
The Top400 is a list of “high potential” children and youth who have not been convicted of high-impact crimes (unlike the Top600). The children and adolescents are monitored by, among others, the City of Amsterdam, the police, GGD and youth protection. A director is assigned to them who, among other things, discusses their progress within a core team of chain partners. According to the municipality, the goal of the Top400 approach is to prevent these young people from coming into contact with the police around high-impact crimes.
For placement on the Top400 list, criteria have been developed that the children and youths must meet. The so-called “ProKid+” algorithm was also used to supplement the list and place 125 children and youth on the list. The Top400 approach also ‘includes’ younger siblings, even if they do not meet the criteria.
It is therefore emphatically not a criterion for selection for the Top400 that children and adolescents have committed a criminal offense. Selection criteria include: having changed elementary school three times; and being or having been under supervision and being suspected of a crime or being arrested as a suspect once;. In the case of the ProKid+ group, selection criteria for inclusion on the Top400 list also included “victim or witness of a crime” and “police contacts of fellow residents of the young person at the last known residential address.
Potential human rights violations in the Top400
The Top400 approach is presented by its implementers as a form of care that would involve keeping the children and youth in question on the straight and narrow. However, the approach seems to be primarily and sometimes solely focused on surveillance, repression and security.
It is also striking that the voices, experiences and needs of the minors and their families seem to be completely absent. Consequently, there seem to be serious problems of human rights, discrimination, access to justice and privacy in the structure of the Top400.
On behalf of the coalition, PILP sent a letter of interruption to the City of Amsterdam and the partners in the Top400 on September 21, 2022. This is to secure possible proceedings on the Top400 related to prescription in the future.
Conversation with the municipality of Amsterdam
Following the letter of interruption, the coalition was invited to a meeting with the municipality of Amsterdam. PILP provided assistance to the coalition in the preparation for and during the meeting.
During the meeting, the coalition made clear what mattered to them. Among other things, they called for acknowledgement of the unlawful actions, an apology to the affected children and their families, and financial compensation. They also argued that the municipality of Amsterdam should issue a public statement indicating that it would put an end to these unethical practices.
A strange turn of events due to the mayor’s actions
The meeting went well. The municipality showed a willingness to accommodate a number of the points raised. The agreements simply had to be submitted to the Mayor of Amsterdam for approval. However, she decided that she did not want to apologise and that no compensation was necessary. In her view, no unlawful conduct had occurred.
After the coalition indicated that it would take the matter to court in response to her reaction, a new letter arrived. The mayor reiterated her support for the Top400, but also indicated that the policy would be amended in certain respects. For example, street coaches must now be clearly identifiable, and the policy regarding schools has been amended.
The coalition’s continued commitment
While the coalition is pleased that improvements have been made to the process, thereby better safeguarding the rights of those involved, it is not satisfied. It would have liked to see the suffering of the children and their families recognised.
While the case will no longer be brought before the courts, the coalition remains committed to opposing the targeting of children by government surveillance.
Media
The work of PILP and its partners in this case has contributed to the documentary Mothers and the theater piece (this conversation is) Off the Record, both by Nirit Peled.
Several interesting articles about the Top400 appeared in Trouw, Parool and the Groene Amsterdammer.
Get in touch
PILP is currently in conversation with those who have been touched by the Top400 to see what this community needs and to explore options for possible strategic proceedings. PILP urges anyone who is or thinks they are on the Top400 list to get in touch with us. Parents/caregivers/youth can contact us at: contact@pilp.nu.