Holland: Absent witnesses
01 January 1991
Holland: Absent witnesses
artdoc June=1994
On February 1, 1994, new legislation came into force under which
a witness who has reasonable grounds to feel threatened no longer
has to appear in court but can give a statement to the
investigating magistrate. The new rules also cover witnesses
whose statements might be shocking to the next of kin, for
instance in cases of incest, homosexual behaviour or extramarital
affairs. The defence can question the witness through
telecommunications or in writing as long as their identity is not
disclosed. Undercover police officers can appear in court in
disguise maintaining their anonymity, or only appear before the
investigating magistrate if they received serious threats. Under
the new legislation, inducing someone to make false statements
under interrogation has become punishable with 4 years
imprisonment or a Dfl25,000 penalty.
Statewatch Vol 4 no 2, March-April 1994