More than 30 defendants, including one of the Netherland’s most notorious career criminals, are free today following a court ruling that the case has dragged on far too long for a country governed by the rule of law
A Hasselt court has dropped charges against some 30 suspects in a criminal drugs manufacturing trial due to undue delay in the proceedings. It has been 10 years since the start of an investigation into a soap manufacturer in Lommel for the production and trafficking of MDMA, amphetamine and cocaine as well as the transportation of narcotics.
Among the suspects was John H, a drugs kingpin and one of the Netherlands’ most notorious criminals. Other charges in the case related to firearms offences and leadership of criminal organisations.
The court has identified several periods of unexplained inactivity, amounting to almost five years
“The active investigation by the federal police was completed in 2018,” announced the court. “The court subsequently identified several periods of unexplained inactivity, amounting to almost five years in total.”
The court said it could find no explanation for the delays in either the complexity of the case or the conduct of the defendants. The court ruled that there had been a “serious breach of the right to trial within a reasonable time”.
Such delays are not uncommon in the justice system, and often result in a reduced sentence. But this time the prosecution was declared inadmissible, allowed the defendants to walk away free. It’s an extremely rare decision and one that the public prosecutor’s office does not take lightly. It is appealing.
The court also took some of the defendants’ circumstances into account. Nine of them are now over 65, some have serious health problems, and others appear to have rebuilt their lives since the offences, without any further convictions. Almost all the defendants had also already spent time in pre-trial detention.
“The judgment does not constitute an assessment of the seriousness of the offences with which the defendants are charged,” said a court spokesperson, “although this was also taken into account when weighing up the interests at stake. It is a ruling on what a state governed by the rule of law owes defendants – proceedings within a reasonable time and a genuine opportunity to defend themselves.”