Appendix D: 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
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
contraexpertise. 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,
Statements Made About Fred V.
||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.
||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.
||Declared that he had made a conscious choice in
everything that had happened, and that it had been a
||Factual description of the events. Now
thinks that it was stupid to have gone along with V.
and feels that V. abused his trust.
||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.
||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.
||Gave a factual description. Only naked
photographs were made when he was 12 and 13, but no
||Only naked photographs were made, no sexual
contact. Thought it was terrible that such
photographs had been made and was ashamed.
||Only confirms the statement of 8. above, but gives
no new facts. Not self involved.
||Permitted himself to be pressured into cooperating
and feels used. Everything had been forced.
||Is deeply ashamed about what happened and not able
to talk about it. Now sees how he had been
||(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
Statements Made About Anton
||Did not really like the sexual contact. Gave
||Did not find the sexual contact unpleasant but was
||At first was embarrassed by the sexual contact,
but later found it exciting. Did not take the
Statements Made About Ferdinand
||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.
||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.
||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.
||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