Child Pornography Ring
The Dutch courts are inquisitorial, being based on the
Napoleonic code. Judges conduct an inquiry, which in
practice means that the commissioners of the court act for the
judges, and in turn the police act for the commissioners.
The police conduct the investigation, interviewing people and
preparing depositions. These documents are placed in a
police dossier and handed to the court as evidence. The
material from the police and other documents becomes the so called
"crime-dossier" (Strafdossier). Witnesses usually
do not appear in court. Witnesses may also be interviewed by
court-appointed experts other than the police or the commissioner
of the court, if the judges see fit. These interviews are
also written up as depositions or as reports, and put into the
crime-dossier. The documents which find their way into the
crime-dossier are called "pieces of evidence." The
judges read the dossier and make a decision, often without even
seeing the people concerned.
Dutch accused do not have the right to confront their accusers
unless the judges decide to grant it. Evidence in the form
of statements may be anonymous. Hearsay is permitted and may
make up the totality of the evidence in a dossier. The
accused does not necessarily have the right to see all the items
in the dossier or to appoint contra-expertise. In a sense
everything in a dossier is hearsay since the dossier is comprised
of documents prepared by police and other court-appointed experts
claiming that the witnesses said certain things. This system
is wide open to abuse. Many people in the Netherlands are
sentenced as a result of dubious police practices and in the
absence of satisfactory evidence of the alleged crimes. We
are hoping that the the unification of Europe, which implies
common legal standards, will result in the European Appeal Court
rejecting judgments made in the Dutch system. This may force
reform of the system.
In this case we were able to get a photocopy of the entire
police dossier. The following analysis paraphrases the
statements of the children as reported by the police.
Below is an analysis of all the statements in the police
dossier made against Fred V., Anton and Ferdinand, including a
summary analysis of the way in which the boys describe their
relationship with the accused.
There were 20 different children, 19 boys
and 1 girl. The children are indicated with numbers in
column 1; their age at the time of making the statement, column 2;
the age range during the time of their contact with the accused,* 202
column 3; the way in which the boys describe the relationship (+
is positive, - is negative and 0 is neutral),* 203
column 4; and a short summary of the statement made by the boys,
column 5.
[* 202] "16" includes 16 years and after.
[* 203] Positive scores were only given if the
statements of the boys were unambiguously positive. Any
evidence of equivocation resulted in a neutral score. From
the remaining statements, any element of negative reaction
resulted in a negative score, even if neutral or positive elements
were present.
Statements Made About Fred V.
| [1] |
[2] |
[3] |
[4] |
[5]
|
| 1. |
11 |
7-11 |
0 |
Gave a factual description of the contact and photograph
sessions. Said that the photography sessions were
never unpleasant, but was ashamed in front of his mother
and her boy friend when the story came out. |
| 2. |
16 |
12-15 |
- |
Said that V. knew how to manipulate him so that he did
anything that V. wanted; later realized what had happened
to him and was revolted by what he had done, but didn't
dare to speak to anyone about it. Is glad that the
story is now out. |
| 3. |
14 |
11-13 |
+ |
Declared that he had made a conscious choice in
everything that had happened, and that it had been a happy
time. |
| 4. |
15 |
12-13 |
- |
Factual description of the events. Now thinks that
it was stupid to have gone along with V. and feels that V.
abused his trust. |
| 5. |
20 |
16- |
+ |
Only sexual contact after his 16th year. Had been
visiting Fred since he was 12, and viewed the relationship
as the best that he had ever had with anyone in his life. |
| 6. |
18 |
12-16 |
0 |
Had difficulty talking about the subject. Fred was
a friend for him. It was a nice period, but it is
now over and he doesn't think about it any more. |
| 7. |
15 |
12-13 |
0 |
Gave a factual description. Only naked photographs
were made when he was 12 and 13, but no sexual contact. |
| 8. |
19 |
11-? |
- |
Only naked photographs were made, no sexual
contact. Thought it was terrible that such
photographs had been made and was ashamed. |
| 9. |
17 |
? |
? |
Only confirms the statement of 8. above, but gives no
new facts. Not self involved. |
| 10. |
13 |
? |
? |
As above. |
| 11 |
19 |
12-15 |
- |
Permitted himself to be pressured into cooperating and
feels used. Everything had been forced. |
| 12. |
21 |
12-14 |
- |
Is deeply ashamed about what happened and not able to
talk about it. Now sees how he had been bought. |
| 13. |
17 |
14 |
0 |
(Female) Gives factual description. Naked
photographs taken, no sexual contact. The
photography was no problem for her. Did not know
that the photographs had been published in several
magazines. |
Statements Made About Anton
| [1] |
[2] |
[3] |
[4] |
[5]
|
| 14. |
12 |
11 |
- |
Did not really like the sexual contact. Gave
factual description. |
| 15. |
17 |
10-13 |
0 |
Did not find the sexual contact unpleasant but was
passive. |
| 16. |
16 |
12 |
0 |
At first was embarrassed by the sexual contact, but
later found it exciting. Did not take the
initiative. |
Statements Made About Ferdinand
| [1] |
[2] |
[3] |
[4] |
[5]
|
| 17. |
17 |
12-16 |
+ |
Had a wonderful time with Ferdinand. He felt loved
and accepted. Ferdinand and he shared each other's
pain. Had wanted the sexual contact and had never
felt compelled. |
| 18. |
18 |
11-13 |
0 |
Gave an objective factual description of the
relationship and the sexual contact, but gave no value
judgment. Anything sexual which he didn't want did
not take place. |
| 19. |
15 |
13-16 |
+ |
Never did anything under pressure, but only because he
wanted to. Had a very good relationship with
Ferdinand and did not want to end it. Said he loves
Ferdinand who is a friend and father for him. |
| 20. |
10 |
9 |
0 |
Thought the sex was sometimes fun and sometimes
not. Gave a non-credible description of what was
supposed to have taken place, most of which was
contradicted by other statements and not corroborated.204
[204] This child was the younger
sibling of one of the other boys. He had never had
a relationship with Ferdinand, though he had stayed
overnight on several occasions. His older brother
accused him of having an rich fantasy. It is
probable that he was inexpertly interrogated
|
