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 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 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, column
5.
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 |
