Anonymous Witness in Criminal Proceedings in Amsterdam
In Amsterdam, an anonymous witness in criminal cases can be protected by fully or partially shielding their identity. This is crucial in a city like Amsterdam, where serious crime such as drug trafficking in the port or score-settling in neighborhoods like the Bijlmer often poses threats to witnesses. Dutch law provides measures such as pseudonyms or hearings behind screens at the Amsterdam District Court, to balance a fair trial with witness safety.
Legal Basis for Anonymous Witnesses in Amsterdam
The rules for anonymous witnesses are laid down in the Code of Criminal Procedure (Sv), Title IIIA (art. 226a-226f Sv). These protect against intimidation in high-risk cases, which are common at the Amsterdam District Court. Key articles:
- Art. 226a Sv: Hearing with screens, closed doors or voice distortion before the examining judge in Amsterdam.
- Art. 226b Sv: Use of pseudonyms, so the suspect and counsel do not know the name.
- Art. 226c Sv: Shielding of address and personal details.
- Art. 344 Sv: Hearing without the suspect present, often applied in Amsterdam cases.
Drawing on ECtHR rulings such as Kostovski v. Netherlands (1989) and Supreme Court judgments (ECLI:NL:HR:2015:1234), the Amsterdam District Court assesses whether anonymity unduly restricts the defense.
Application at the Amsterdam District Court: When Is Anonymity Granted?
At the Amsterdam District Court, anonymity is primarily granted in serious cases such as assassinations in West or drug cases around the port. The public prosecutor submits a request to the examining judge with evidence of a real threat, such as concrete threats.
Example 1: In Mocro-maffia investigations involving Ridouan Taghi, handled at the Amsterdam District Court, crown witnesses were given pseudonyms. Their evidence was decisive, with limited identity disclosure to the defense.
Example 2: An Amsterdam victim of violence in a relationship with criminal ties in Zuidoost, heard behind a screen to prevent recognition.
The examining judge in Amsterdam decides; the court may require video cross-examinations from safe houses.
Rights and Obligations of Anonymous Witnesses
Rights
- Identity, address, and family protected.
- Reimbursement of costs and possibly Special Extraordinary Assistance Service (DSB).
- Trusted person present at hearing.
- No physical courtroom obligation (art. 344(2) Sv).
Obligations
- Duty to tell the truth: Perjury punishable (art. 207 Criminal Code).
- Cooperation required; otherwise compulsory hearing.
- No absolute anonymity; court may disclose for compelling reasons.
Differences: Anonymous vs. Regular Witnesses
| Aspect | Regular Witness | Anonymous Witness |
|---|---|---|
| Identity | Fully public | Pseudonym/shielded |
| Hearing | With suspect | Screen/video |
| Protection | Basic | Enhanced (safe house) |
| Evidentiary Weight | Standard | Strictly scrutinized |
FAQs for Amsterdam Residents
Does an anonymous witness remain anonymous forever?
No, the Amsterdam District Court balances defense rights (art. 226d Sv). Identity may be revealed for a fair trial.
Anonymous tip as an Amsterdam resident?
Report via Meld Misdaad Anoniem (0800-7000). For witness anonymity: the justice system arranges it.
Rights as a suspect against an anonymous witness?
Yes, access and cross-examination. The Supreme Court requires verifiability. See article on evidence in criminal cases.
Does the judge believe an anonymous witness?
Strict reliability test; inconsistencies carry significant weight.
Tips for Amsterdam Residents
Considering anonymous testimony?
- Contact Amsterdam police or public prosecutor for risk assessment.
- Consult Amsterdam Legal Advice Office for advice.
- Document threats with evidence.