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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

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