WITNESS PROTECTION IN THE NETHERLANDS

Guide for Witnesses of Crimes Committed in Syria

If you witnessed serious crimes committed in Syria, you might have valuable information for legal proceedings in the Netherlands. You may have reasonable concerns about your safety, privacy or immigration status which are preventing you from contacting authorities. However, some witness protection measures are available. In this document, you will find basic information needed to benefit from witness protection measures, answering the most common questions.

Your testimony might allow more credible evidence to come to light and help the judges uncover the truth on criminal charges against alleged perpetrators.

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Table of Contents

I. Eligibility: Who is Eligible for Witness Status

II. Overview: Rights and Duties as a Witness

III. Anonymous and Threatened Witnesses

IV. The Witness Protection Program

V. Know Your Rights

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I. Eligibility: Who is Eligible for Witness Status

What is a "witness"?

In legal proceedings, a witness can provide any relevant information that contributes to establishing the truth. This includes personal observations or other facts from third parties, known as hearsay (art. 342 Sv (HR 20 December 1926, NJ 1927, 85). Anyone with knowledge of a case may be called as a witness.

In criminal trials, two main categories of witnesses are distinguished: 

• Witnesses à charge: These are witnesses who are called at the request of the public prosecutor and usually provide incriminating evidence against the accused.
• Witnesses à décharge: The defendant and their lawyer also have the option of having witnesses called to provide exculpatory evidence. At the request of the Defense, these witnesses are summoned by the Public Prosecutor to provide possible exculpatory evidence. 

That being said, Dutch Prosecutors must also add potentially exculpatory evidence to the case file themselves and not just at the request of the Defense. 

The court may also call witnesses on its own motion (i.e. proprio motu).

II. Overview: Rights and Duties as a Witness

Is witness participation strictly voluntary?

If the police ask someone to give a witness statement at the police station, that person is not obligated to cooperate or answer questions, and the witness can end the interrogation. During a police interrogation, the witness has several rights, including the right not to answer (right to remain silent) and the right to the assistance of a lawyer at their own expense. They also have the right to a copy of the record of the examination (witness statement), though it may be deemed in the interest of the investigation not to give a copy of the statement to the witness. 

Witnesses may also be summoned by the court. In that case, witnesses are obligated to appear. Failure to appear or refusal to testify without a valid reason can lead to the arrest of the witness in the Netherlands. In other words, courts have the power to compel testimony. A witness can therefore be taken into custody until the moment they are to provide that testimony (Articles 221 and 294 Sv), but this detention may not exceed 30 days. This provision is rarely enforced, but the threat of detention may induce certain witnesses to testify. The application of such enforcement measures will also depend on the importance of the witnesses’ testimony for the establishment of the truth. 

A witness may be excused from the obligation to testify if this would lead to self-incrimination or incrimination of a family member, or if it would create a danger to themselves or a family member. He or she may also be excused if he or she is a family member or legally wedded spouse of the Accused. In principle, journalists do not have to testify about their sources (although in practice this could lead to a discussion with the court). If a witness belongs to a certain professional group that is bound by confidentiality (e.g. doctors and lawyers), they cannot be compelled to testify about any privileged information. The court may excuse a witness from testimony, reject the application for exemption, or order that only certain questions must be answered (Articles 217 Sv et seq.). 

What is a witness summons?

A witness is informed of the obligation (by the court) to testify in writing. This document is also known as a witness summons (in Dutch: oproepbrief). In the Netherlands, it is a legal requirement that the witness responds to this call and abides by it. The witness summons contains the following important information:

• Date, time, and location: The summons states when and where the witness is required to appear.
• Coordination in case of illness and/or non-availability: Witnesses are expected to make themselves available for witness hearings. If the witness works in the Netherlands, the employer must offer the witness the opportunity to be present. In case of illness or non-availability for other reasons, the witness should contact the court to discuss the situation and make an alternative arrangement.
• Specific facts: The summons contains details of the specific facts about which the witness will be questioned so that the witness can prepare for the examination.
• Consequences of non-appearance: The summons also indicates the possible consequences of not appearing, including detention. It is essential that the witness understands that failure to comply with the call can have serious legal implications.
• Witnesses receive a small remuneration for their appearance in court, although this will not compensate for actual missed income. 

As stated above, witness interviews will nearly always take place at the cabinet of the Investigating Judge and are not public. The only persons attending will be the Investigating Judge, the Prosecutor, Defense counsel, a court clerk, possibly an interpreter, and possibly a lawyer for the witness. 

What are the consequences for false testimony?

During a police interrogation or before the Investigating Judge, a witness is generally not heard under oath, but the witness is expected to tell the truth (Articles 213 jo. 215 Sv and 216 Sv). 

However, at a hearing before the criminal court or if the Investigating Judge considers it necessary, the witness must take the oath to tell the truth (Article 290 Sv). Refusing to take the oath or refusing to testify may result in detention by the court (Articles 221 and 294 Sv). However, as explained above, it is important to note that a witness is not always obliged to answer questions.

 Intentionally providing false testimony after taking the oath amounts to perjury, which is a criminal offense (Article 207 Sr). This also applies to witnesses who do not live or reside in the Netherlands and are heard by videoconference. Perjury carries a maximum prison sentence of 9 years and a maximum fine of €103,000. 

Are witnesses immune from prosecution?

No, witnesses are not immune from prosecution. During questioning, a witness may provide information that creates a reasonable suspicion of guilt of a criminal offence (Article 27 Sv). In that case, the witness can be considered a suspect and is given the same rights as any suspect, including the right to remain silent and the right to consult counsel (see also, above). 

Accomplices and co-perpetrators of criminal offences may also act as witnesses in a police investigation or court case. In special cases, they have the option of giving witness statements in exchange for a reduced sentence or a recommendation from the Public Prosecution Service in an application for clemency after conviction (Articles 226g Sv et seq. and Article 226k Sv).

Can a witness be a party to the trial?

Although a witness has a role in criminal proceedings, they are not party to those proceedings and do not have the same rights as a participating victim or an injured party. However, if a witness suffered direct harm as a result of the offense for which the Accused stands trial, they can be designated as a “participating victim” (Article 51a Sv). If a witness suffered damages as a result of the crime for which the Accused stands trial, they also have the right to file an injured party claim to recover damages (Article 51f Sv). 

Participating victims have specific rights during the criminal proceedings, including the right to information and counsel (Articles 51aa Sv et seq). Depending on the nature of the crimes in question, they may also have the right to speak during the substantive hearings (Article 51e Sv) and are entitled to counsel paid for by the Dutch Legal Aid Board. These rights also apply to cases involving international crimes. 

Must a witness reside in the Netherlands?

No. Even witnesses located outside the Netherlands can be summoned by the Dutch authorities. This always takes place in cooperation with the local authorities of the country where the witness resides (Article 5.1.1 Sv et seq). 

The witness can be heard abroad by the Dutch police. If the Investigating Judge is already involved in a so-called ‘rogatory commission,’ he or she will travel to the country in question to hear the witness. Rogatory commissions are led by the Investigating Judge, and include a court clerk, Defense counsel, the Prosecutor, and, if necessary, an interpreter. If a witness who is to be heard is also a participating victim represented by counsel, the Investigating Judge can give ‘special access’ to Victim’s Counsel to attend the witness hearing (Article 187c Sv). Special access can also be given to others, if the Investigating Judge considers that necessary. 

In addition, it is possible to give witness testimony by videoconference, (Article 131a Sv jo 5.1.3a Sv ff) and in practice, this is now the most-used method to examine witnesses who reside abroad. 

Can a witness speak in his/her mother tongue?

Yes. Indeed, it is generally considered preferable for a witness to do so. Though witness hearings are conducted in Dutch, official interpreters are provided for witnesses who have not mastered the Dutch language (Article 191 Sv and Article 260 Sv). 

Is the accused present during witness interviews?

In police interviews of witnesses, the Accused is not present. During witness hearings conducted by the Investigating Judge, the Accused's lawyer is present, as well as the Prosecutor. Both may also ask questions to the witness. These types of witness hearings are not public.

The substantive trial hearings are open to the public (and the press), and the Accused may be present in court themselves. The court, the Prosecutor, and the Accused's lawyer can question the witness. If a witness is heard during the substantive trial hearings, they can ask to have the Accused removed while they offer their testimony. The court may grant or refuse this request. If granted, the court must inform the Accused afterwards about what the witness stated in court. If a witness wishes to testify on camera (which is behind closed doors, without the public present), they must notify the Prosecutor in advance. The court will decide whether to grant this request, after having heard all parties to the proceedings. As a rule, underaged witnesses are heard on camera, in a separate room, or before the Investigating Judge in order to best ensure their privacy and well-being.

Can the witness bring a lawyer to the questioning and hearing?

Police questioning: In principle, witnesses are questioned without the assistance of a lawyer or others. A witness does have the right to be advised by a lawyer at their own expense. Family members or friends are not allowed, unless the witness is a minor.

Investigating Judge: In principle, witnesses are questioned without the assistance of a lawyer or others. A witness does have the right to be advised by a lawyer at their own expense, and that lawyer can be given ‘special access’ to a witness hearing conducted by the Investigating Judge (Article 187c Sv). The Investigating Judge may give special access to a person of trust, such as a family member, partner, or guardian. This must be requested beforehand.

Substantive trial hearings: The substantive hearings are public, so persons who accompany the witness can attend those hearings (space permitting) and can be assisted by counsel (at their own expense).

What are the witness rights during the trial?

Apart from their formal role as a witness testifying in the case, witnesses have no (other) formal role in the proceedings. Importantly, they do not have the same rights as participating victims and injured parties.

Witnesses can attend all public hearings as a spectator. If a witness wishes to attend a hearing as a spectator, they must carry their own expenses (including travel costs, accommodation etc.). Witnesses are also not entitled to a visa because of the case, or interpretation facilities in the courtroom if no interpreter is present.

What is witness tampering?

Witness tampering is a criminal offense. Specifically, it is a crime to seek to influence the testimony of a witness before a judge or public official. Such acts are punishable by up to four years imprisonment or a fine up to €25,750 (Article 285a Sr). 

Is a witness entitled to compensation?

A witness is not entitled to a fee in exchange for testimony. However, the costs involved in offering testimony can be recovered. These expenses must be proven:

1. Loss of income: compensation for time spent attending witness hearings by the authorities, for example because they have been unable to work. These expenses must be demonstrated and assessed and, in practice, will not cover the full loss of income. 
2. Travel expenses (within reason): such as second-class transportation fares.
3. Other necessary expenses: such as accommodation costs, again within reason.

In some cases, the Dutch authorities will organize the travel and accommodation of witnesses who are called to testify and cover the expenses directly.

Does testifying impact the asylum status of a witness?

Testimony in criminal proceedings may affect the asylum procedure or a person's acquired asylum status; the exact impact depends on the specific circumstances of the case and the content of the testimony.

It may be that a witness statement provides useful information that is important for the asylum application. For example, if the testimony shows that the asylum seeker is in danger in the country of origin, this can support the asylum application.

If the witness statement contains information that contradicts the allegations made during the asylum procedure, this could affect the credibility of the asylum seeker and potentially affect their asylum status. Especially in relation to international crimes, there is the risk of creating a so-called 1F-status. This means that asylum is rejected or an asylum/nationality status is withdrawn because there is a suspicion that the asylum seeker was involved in war crimes himself or herself. Such a status may be imposed, even on acquitted persons. It is therefore always recommended to contact a lawyer prior to a witness interview if there is a risk of a criminal suspicion relating to international crimes when providing evidence.

It is advisable that those who seek asylum, those who have acquired asylum status and/or residency, or those who have dual nationality seek legal advice to properly understand their rights and options during a criminal investigation. Please contact SJAC for further information.

III. Anonymous and Threatened Witnesses

Can a witness testify anonymously?

Yes, in some circumstances. This may nevertheless impact the Defense’s ability to test the credibility and reliability of witnesses. The right to question relevant witnesses is a fundamental right in a fair trial. As a rule, therefore, witnesses must generally testify under their own name.

Limited anonymity

The Investigating Judge and/or the court can also decide to impose limited anonymity measures. Concretely, this means that the judge prevents asking a witness questions concerning their personal details and family situation. These measures can be imposed if there are grounds to believe that the witness, because of their testimony, would be inconvenienced or hindered in the exercise of their profession (Articles 190(3) and 290(2) Sv). The Investigating Judge and the court are responsible for taking the necessary measures to protect this information, and to keep it from being added to the case file. Other practical options can also be imagined: Witnesses can indicate their domicile as the police station or their lawyer’s firm, and it can be decided that witnesses are referred to only by their first name or an initial.

Threatened witnesses

The status of a ‘threatened witness” can be applied in cases of grave offences and if the Accused does not know the identity of the witness. Threatened witnesses can be heard anonymously by order of the Investigating Judge. That order is given if there is a reasonable expectation that testifying would jeopardize the life, health, or safety of the witness or others, or otherwise disrupt their family life or economic existence and only if the witness has also indicated that they are unwilling to testify because of this (Article 226a Sv et seq). Various measures are available to protect threatened witnesses as provided by law (Articles 226b Sv et seq).

The decision by the Investigating Judge to designate a witness as a ‘threatened witness’ is open to appeal, and pending any appeals, the Investigating Judge cannot hear the witness in question (Article 226a(3) Sv). If a witness has the status of ‘threatened witness,’ the Investigating Judge ensures that the identity of the witness is kept from the Accused, their counsel, and the public prosecutor. This means that the status of ‘threatened witness’ needs to be granted very early on in the investigation, before that specific witness is presented to the Prosecutor. There is a specially designated Prosecutor who will handle the application as ‘threatened witness’ and make the first assessment. This is a Prosecutor who is not involved in the actual investigation into the charges against the Accused.

Shielded witnesses

A shielded witness is a witness who receives extra protection during the testimony in order to ensure that their identity and statements are protected for reasons of national security (Article 226m Sv). In other words, this applies if it could compromise the stability of the state, state sovereignty, and the well-being of its citizens. The purpose of the legislation on ‘shielded witnesses’ is to improve the usability of information from the General Intelligence and Security Service (AIVD) and the Military Intelligence and Security Service (MIVD) in criminal cases. This is achieved by providing the opportunity to examine this information by hearing witnesses.

The Prosecutor, the Defense, and the witness themselves are heard on the matter, and a decision to designate a witness as a ‘shielded witness’ is not open to appeal. Within the context of this assessment, the Investigating Judge can also conclude that a witness must be shielded for other important (weighty) reasons (Article 226n Sv).

Who are threatened witnesses?

A threatened witness is someone who needs protection because they fear serious reprisals from the Accused if their identity were to become known. The threatened witness procedure is designed to provide this protection, and places significant restrictions on the Defense's right of questioning. The witness must testify under oath.

There are three cumulative requirements for the use of statements as evidence in the case of completely anonymous witnesses. First, the witness must be recognised by the Investigating Judge as a ‘threatened witness’ (Article 226a Sv). Second, the case must involve a serious crime for which detention or remand is permitted. Third, the judge cannot decide that the defendant is guilty solely based on the statements of completely anonymous witnesses.

What protections are available for threatened witnesses?

Witnesses with the status of ‘threatened witness’ may receive special protection through a procedure where their identity is hidden from the Accused and their lawyer. Their identity is also unknown to the Prosecutor who is handling the investigations (in Dutch: zaaksofficier van justitie). This only applies if the Accused does not know their identity and if serious offences are involved.

How does a witness become a threatened witness?

The Investigating Judge assesses the request regarding the providing witness testimony anonymously. In the procedure, the witness is given the right to a lawyer (Article 226a(2) Sv). If the status of ‘threatened witness’ is accorded, the Investigating Judge ensures that the subsequent witness statement is drafted in such a way that the identity of the witness does not become known. The decision by the Investigating Judge to designate a witness as a ‘threatened witness’ is open to appeal, and pending any appeals, the Investigating Judge cannot hear the witness in question (Article 226a(3) Sv).

If the witness has already indicated at the first police interrogation that he does not want to make a statement because of threats, the police may consult with the prosecutor on the use of this special procedure (Article 226a Sv et seq.).

Can the trial panel or judge also give a witness the status of a protected witness?

No, by law this decision can only be made by the Investigating Judge or by the body ruling on the granting of status on appeal.

How is the identity of a threatened witness protected?

The Investigating Judge may decide that the Accused or their lawyer (or both) or the Prosecutor should not be present during the hearing of the threatened witness. The Investigating Judge informs the parties who were not present at the witness hearing of the content of the testimony. This is done in a way that does not reveal the identity of the witness. The Prosecutor and/or Defense are given the opportunity to propose any questions they wish to be asked.

If the Investigating Judge may decide that an answer given by the threatened witness should not be disclosed to the Prosecutor, the Accused, or Defense counsel, the Investigating Judge must create an official report. The Investigating Judge must report that the question was answered by the witness, without revealing the content of the answer.

Can the protected witness designation be appealed?

As indicated above, the Defense, the Prosecutor and the witness themselves can appeal the decision by the Investigating Judge to accord (or not accord) the status of ‘threatened witness.’ The deadline for appeal is 14 days (Article 226b(2) Sv), and the appeal is heard by the Trial Panel presiding over the criminal case. During these appeal proceedings, the identity of the witness remains protected and will remain hidden until a final decision is taken on the protection request. If a decision to grant the status of ‘threatened witness’ is overturned on appeal, the Investigating Judge must ensure that any records of witness hearings of the witness in question are destroyed (Article 226b(3) Sv). The decision on this appeal is not open to cassation (additional appeal).

 

IV. The Witness Protection Program

What is the witness protection program?

The Witness Protection Program is a system set up to protect witnesses by making them 'untraceable'. This is often done by moving them abroad under a new identity. The implementation of this program falls under the Witness Protection Team, in Dutch “het team getuigenbescherming,” abbreviated to TGB. The TGB is a specialised unit of the police under the authority of a specially appointed prosecutor.

The program aims to ensure the safety of witnesses, especially when they are threatened because of their involvement in criminal cases. It provides measures such as anonymity and physical relocation to prevent them from being detected by potential threats.

Who is eligible for the witness protection program?

Threatened witnesses (Article 226a Sv), witnesses who are also suspects (Article 226g Sv) or who have already been convicted (Article 226k Sv) and with whom specific agreements have been made, shielded witnesses (Article 226m Sv), and other persons who have cooperated with the authorities in charge of investigation and prosecution are eligible. Examples include informants and limited-anonymity witnesses such as police officers and experts.

Not all persons under government surveillance and security are eligible for the Witness Protection Program. This program is specifically designed for individuals who face heightened risks due to their cooperation with authorities responsible for investigating and prosecuting criminal offenses, and who therefore require additional protection to testify safely in criminal proceedings. (Article 226l lid 2 Sv).

Can the families of protected witnesses receive protection?

Persons other than the witness can sometimes participate in the protection program. This may include the spouse or life partner of the person under threat, their children, close relatives, or other persons who have a close relationship with the person under threat (Article 5(2) in conjunction with Article 4(2) of the Witness Protection Decree). Moreover, protection can be provided to a person at the request of an international court or another state (Article 9 of the Witness Protection Decree).

When can designated persons claim the protection of TGB?

The TGB's protection measures are intended for persons who, due to their cooperation in the investigation and prosecution of criminal offences, have found themselves in a situation of urgent need, where the threat arises from government and related actions (Article 226l paragraph 2 Sv and Article 3 of the Witness Protection Decree). The Decree stipulates that a duty of care arises only when the threat has emerged ‘as a result of government action.’ Persons who are themselves responsible for the threat created are not eligible for the witness protection program.

Are there other forms of protection by the Dutch state?

If a person does not qualify for, or wish to participate in, the TGB, there are other forms of protection that the Dutch state can provide. Those who have been threatened can avail themselves of the surveillance and protection system. While the TGB focuses on making the protected persons untraceable, persons in the guard and secure system continue to function normally in society and therefore remain to some extent ‘traceable’ in society, albeit with adapted security measures due to the threat (such as the permanent presence of bodyguards, extra surveillance by police cars in the street, or an emergency button). Responsibility for this system rests at the national level with the Minister of Justice and Security (implemented by the National Coordinator for Counterterrorism and Security) (NCTV), and with local chief prosecutors and mayors. In practice, the Dienst Bewaken en Beveiligen (Service for Protection and Security) is responsible for the execution of protective measures.

Can the Dutch state pay for self protection?

Yes, where protective measures are approved, the Dutch State can provide a financial contribution so that the person can provide for his or her own protection. This arrangement is recorded in a settlement agreement as referred to in Article 7:900 of the Civil Code. There is no fixed framework in laws and regulations for the specific arrangements to be made.

What protection measures are there?

Protection measures include various forms of security measures, such as personal security during the giving of statements in court, as well as measures to shield the person's identity and whereabouts. When someone is admitted to a protection program, this is often accompanied by relocation, giving up a job,, and assuming a new identity. A support measure can be, for example, financial assistance for living expenses. However, this financial support is not intended to fully provide for the livelihood of the protected person, who remains responsible for organising his/her own life.

Does the witness protection agreement play a role in the defendant's trial?

No, the Supreme Court has stressed that witness protection agreements are not subject to judicial review during the criminal case.

What tasks does the TGB perform?

The TGB prepares threat assessments and advises the prosecutor on protection measures for specific categories of persons. In addition, the team carries out the actual implementation of these protection measures. The team consists of a team leader, practice specialists who directly supervise the persons to be protected, and context specialists who advise the practice specialists on psychological, ethical and operational aspects. As part of this, the TGB conducts exploratory interviews with (potential) witnesses to discuss what is and is not possible. Additionally, the TGB conducts investigations into the psychological conditions and motivation of the person(s) concerned, their family circumstances, and their financial situation.

Who decides whether a person is entitled to TGB protection?

The authority to decide on protective measures is the national leadership of the Public Prosecution Service: the Board of Procurators General (“the Board”) (Articles 4 and 5 of the Witness Protection Decree). The public prosecutor initiates the witness protection process. If the prosecutor and the TGB-officer disagree, the Central Review Committee (CTC) is consulted. This committee advises the Board on whether to apply certain protection measures. The Board decides on whether there is an urgent need for protection measures. Before this decision is taken, it may be submitted to the Minister for Justice and Security, especially if implementation involves high costs or is politically sensitive.

What is the threat analysis?

The TGB’s threat analysis assesses the nature and severity of the threat, including the identification of persons against whom the threat is directed. The advice includes, among other things, the key points of proposed protection measures and an assessment of the feasibility of these measures (art. 5.1 Instruction on witness protection). This involves examining whether the person to be protected is willing to comply with the proposed measures, evaluating family circumstances and scrutinising the financial situation. The person to be protected is also assessed by an external psychologist, who evaluates his willingness and suitability through an 'assessment' and interviews.

What is a witness protection agreement?

Following the decision of the Board to take witness protection measures, efforts are made to conclude a witness protection agreement with the person to be protected (art. 7.1 Witness Protection Decree).

During this process, the TGB-officer may call on the civil attorney that represents the state (landsadvocaat). The person to be protected is entitled to legal assistance from the moment negotiations on the witness protection agreement begin, or earlier if necessary (art. 7.1 Instruction on witness protection). Usually, a civil lawyer is assigned by the State to assist the person to be protected in negotiating the agreement. The costs of this lawyer are reimbursed by the State, provided it is reasonable (art. 7.1 Instruction on witness protection).

The witness protection agreement sets out both the obligations of the State and the person to be protected, including the consequences if these obligations are not met (art. 7(1) Witness Protection Decree; art. 7.2 Witness Protection Instruction). The obligations of the person to be protected are essential for successful and safe protection, while the State endeavours to secure the person to the best of its ability (art. 7.2 Instruction on witness protection).

Only after the witness protection agreement is signed by the protected person and by the TGB-officer on behalf of the State, the protection measures start (art. 7.2 Witness Protection Decree). The only exception to this principle applies in situations where temporary emergency measures are necessary (Article 7 in conjunction with Article 6 of the Witness Protection Decree).

What does the implementation of protection measures look like?

The implementation of protection measures is the responsibility of the TGB (art. 5(1) Witness Protection Decree). In practice, a witness protection program often takes place abroad, with both the TGB and a foreign equivalent involved in the concrete implementation of the program. The specific measures taken depend on the nature and severity of the threat and are therefore tailor-made on a case-by-case basis. Examples of measures taken may include electronic security of the home, temporary housing in another location, or temporary provision of a new identity.

Under the Police Act of 2012, the Minister of Justice and Security may, if necessary for the performance of his duties, order in writing relevant government bodies to provide the necessary cooperation. It is important to note that the Police Act only provides for the possibility of a temporary identity change, not a permanent identity change.

Will the witness get protection from TGB forever?

In principle, the protection provided by the TGB is for a period of two years (art. 9.1 Instruction on witness protection). Upon periodic review, the Board may decide to extend the term of protection measures for a certain period (art. 9.1 jo 9.3 Instruction on witness protection).

What if the witness disagrees with the prosecution's decisions?

There is no appeal available. However, in practice, an arbitration clause is often included in the witness protection agreement which provides for any disputes between the person to be protected and the State to be settled by an arbitrator.

V. Know Your Rights

Helpful websites:

• State-Sponsored Legal Aid: Legal Aid Board (Raad voor Rechtsbijstand), 088 787 1234, [email protected], https://www.rechtsbijstand.nl/
• Legal Aid Helpdesk: Het Juridisch Loket, 0800-8020
• Ministry of Justice and Security Guide on Going to Court: https://www.government.nl/topics/administration-of-justice-and-dispute-settlement/going-to-court
• Ministry of Justice and Security Brochure on Being a Witness in a Criminal Trial: https:/www.rechtspraak.nl/SiteCollectionDocuments/Being-a-witness-in-a-criminal-trial.pdf
• Asylum Procedure: https://www.government.nl/topics/asylum-policy/asylum-procedure
• REDRESS Nederland, +31 708 919 317, [email protected], https://redress.org/contact-us/arabic/
• The Nuhanovic Foundation, [email protected],
  https://nuhanovicfoundation.org/contact-us/
• Yazidi Legal Network, https://www.yazidilegalnetwork.org/contact-us

Victims rights representation:

• Prakken d’Oliveira, https://www.prakkendoliveira.nl/en/

Police services:

• Netherlands Police, Central Criminal Investigations Division, International Crimes Unit – War Crimes Unit, +31 88 6625 743, [email protected]

Universal jurisdiction in the Netherlands (available in English and Arabic):

• https://syriaaccountability.org/universal-jurisdiction/#netherlands