News item | 31-03-2023 | 4:45 pm
After the murders of the brother, lawyer and confidant of the key witness in the Marengo trial, the Dutch Safety Board investigated the lessons that can be learned from the security situations of these three persons. Today, Minister of Justice and Security Yesilgöz-Zegerius responds on behalf of the cabinet to the results of the investigation and the recommendations of the research council.
“It has become clear that mistakes have been made, such as insufficient information sharing between detection and monitoring and protection. The concerns of the persons and loved ones to be protected were also insufficiently addressed. It is deeply regrettable that these mistakes were made and as responsible minister I have apologized to the next of kin for this. At the same time, I am well aware that the indescribable suffering inflicted on the bereaved by ruthless criminals cannot be taken away,” says Yeşilgöz-Zegerius.
The government endorses the thorough analysis and conclusions of the Dutch Safety Board and is taking all recommendations into account when designing the new surveillance and security system. In anticipation of the Dutch Safety Board’s report, efforts have already been made in recent years to improve management, information exchange and implementation within the monitoring and security system. These recent improvements were necessary adjustments within the existing (legal) framework of the system. The system today no longer functions as it did a few years ago. The improvements that have been made within the system are not sufficient to deal with the increasing new threats from organized subversive crime, radicalized loners, together with the threat from terrorism and state actors in the future. The system therefore needs to be renewed.
Main features of the new system for protecting people
The new system – the protection of persons system – is aimed at protecting persons who are seriously threatened by these threat phenomena. This system must be clearer, more threat-oriented and more transparent than the current system of surveillance and protection. In the new system, the person to be monitored remains central and there will be more transparency where possible.
“Within the new system of protecting people, extra attention is paid to the people to be protected. Every day, an ever-growing group of lawyers, judges, journalists and politicians experience the intense consequences of a serious threat and the security measures needed to resist it. They face different types of threats. This requires measures that are appropriate to the threat, flexibility and attention to the human dimension,” says Yeşilgöz-Zegerius.
In the new system there will be an unequivocal authority, so that there is no longer any question of the complex direction that the current system has. This authority will be carried out by the National Coordinator for Security and Counterterrorism (NCTV). The analysis function is being innovated so that threat assessments and analyzes improve and access to information for this analysis function is improved. By further developing joint security concepts and packages, the implementation of security tasks by the police and the Kmar becomes clearer.
In addition, a specific legal framework must be created for the protection of persons system, which, among other things, regulates the new division of responsibility and prescribes the necessary information sharing in the context of surveillance and protection. If someone is under such serious threat from organized subversive crime, radicalized loners, or from the threat from terrorism and state actors, which may require personal security measures, then various parties will become involved. In addition to the person to be protected, the employer and the government also have a role to play. Frameworks are being developed about what can be expected of each of them. It is being investigated whether and how this can provide the basis for a further interpretation of the rights and obligations of persons to be protected. In addition to the NCTV’s own monitoring and supervision by the Justice and Security Inspectorate, a new independent advisory body will be set up to advise on the quality of the functioning of the new system and its further development.
Coherence with crown witness scheme and witness protection
The government agrees that there must be a clear demarcation between the protection of persons system and the witness protection programme. It is also important for witness protection to set clear (legal) frameworks for further detailing the rights and obligations of all those involved. Agreements with key witnesses can and may only be made if this is justified with a view to their safety, that of their environment and officials. There must be an integral consideration and assessment, with explicit attention being paid to the safety and ethical aspects of the safety measures. The government is also investigating the form in which independent review of the witness protection agreement can take place. As far as the government is concerned, the announced expansion of the crown witnesses scheme will take effect once this and the previously announced improvements have been realised.
Transition phase
Setting up the new system and developing a specific legal framework requires a good and adequate process and will not be ready overnight. The improvements that can already start now will be implemented immediately. For example, the cooperation with the person who is too protected is given more substantive form. In addition, agreements can and may only be made with a key witness if this is justified with a view to their safety, that of their immediate relatives and officials. In anticipation of the specific legal framework, the renewal of the working agreements between partners on monitoring and security – which have been laid down in the Circular on Surveillance and Security – in July provides opportunities for the next improvement. In addition, the independent advisory body will start shortly. A mode must be found in allowing the system to function on a daily basis, while at the same time allowing the necessary innovations to take place now as much as possible. During this transition phase, there will of course be continuous attention for the safety and well-being of the persons to be protected in the system.