Netherlands - Dutch family living in basement 9 yrs, Ruinerwold, Drenthe Province, 15 October 2019

  • #121
Thanks for the update @ZaZara !
 
  • #122
Was watching the news on tv with a friend and it was reportedthat the judges in the Ruinerwold case will visit Gerrit Jan van D. in hospital next week.
Friend exclaims: What?! Haven't we heard all of this before and before that? They still haven't finished this?!

No they haven't. This case drags on and on.

First the judges will visit Gerrit Jan van D., next they will question four experts, including neuropsychologists and speech therapists who examined him. All this is done at the request of the public prosecutor, who felt that the report of the PBC still raises questions. According to the Public Prosecutor, it looks like that Gerrit Jan van D. is indeed capable of understanding some things.

According to the speech therapist, we are dealing with a 'seriously disturbed understanding of language and global aphasia'. This means: Van D. cannot speak and is not able to understand spoken or written language. Tools, such as the use of a speech computer, offer no solace. According to his lawyer, this conclusion comes down to the fact that a fair trial is not possible.

If the court decides to suspend the prosecution, usually this is not the permanent end to a criminal case. In the case of Gerrit Jan van D. it will ultimately come to that, because no improvement in his condition is to be expected.

One wonders how long the obvious might still take....

Ultieme poging om Ruinerwold-proces te redden
 
  • #123
@ZaZara - any "specific" date next week? TIA! :)
 
  • #124
@ZaZara - any "specific" date next week? TIA! :)

animated-smileys-telephoning-020.gif.pagespeed.ce.JxqtlR7803.gif
no date was mentioned, only next week.
 
  • #125
Sometime this week: Jan. 11th thru Jan. 15th:
*Hospital Visit Hearing (@ CET) – Netherlands – Dutch Family (Oct. 14, 2019, at Buitenhuizerweg in Ruinerwold, Drenthe Province) – *Josef Brech (58/now 59) (Austrian) tenant of the property (& carpenter), was arrested on 10/17/19 & appeared in court (10/17/19). He is suspected of complicity in deprivation of liberty, mistreatment and money laundering. Money laundering charge was dismissed (4/6/20). Released on 10/30/20 to await trial.
Trial set to begin sometime in February, 2021.
Only for *Gerrit-Jan van Dorsten aka John Eagles (67now 68) (father) was arrested on Thursday (10/17/19) & appeared in court (10/21/19). He is suspected of complicity in unlawful deprivation of liberty, ill-treatment in the sense of damaging the health of others & money laundering. Money laundering charge was dismissed (4/6/20).
Court info from 10/17/19 thru 10/27/20 reference post #119 here:
Netherlands - Dutch family living in basement 9 yrs, Ruinerwold, Drenthe Province, 15 October 2019

11/20/20 Update: Josef B. was released from prison on 10/30/20. Trial will be sometime in February depending upon if Gerrit Jan Van D can stand trial. Josef B. hearing on 12/10/20. Gerrit Jan Van D is expected that the case will be dealt with in substance in February. No date in Feb. 12/10/20 Update: Hearing was cancelled. No further dates available.
1/8/21 Update: The judges in the Ruinerwold case will visit Gerrit Jan van D. in hospital next week (Jan. 11th thru Jan. 15th). Next they will question four experts, including neuropsychologists & speech therapists who examined him. All this is done at the request of the public prosecutor, who felt that the report of the PBC still raises questions. According to the Public Prosecutor, it looks like that Gerrit Jan van D. is indeed capable of understanding some things. According to the speech therapist, we are dealing with a 'seriously disturbed understanding of language & global aphasia'. This means: Van D. cannot speak & is not able to understand spoken or written language. Tools, such as the use of a speech computer, offer no solace. According to his lawyer, this conclusion comes down to the fact that a fair trial is not possible. If the court decides to suspend the prosecution, usually this is not the permanent end to a criminal case. In the case of Gerrit Jan van D. it will ultimately come to that, because no improvement in his condition is to be expected.
 
  • #126
This case is seriously strange. Thank you @Niner and @ZaZara for keeping us up-to-date!
 
  • #127
Doing the same thing over and over, overdoing it again and expecting.... what exactly?

Not only have the judges visited Gert Jan van D. twice in his prison (read how that went, details below), they will also hear the experts in february. Because things have to be not only clear, but crystal clear.

Not once, but twice the judges of the Asser court will visit Gerrit Jan van D., the father of the hidden farm family Ruinerwold. The aim of the sessions is to see whether the man can be tried despite a stroke.

Today, three judges saw him for half an hour in the courtroom of the Schiphol Justice Complex. This will happen again tomorrow. Gerrit Jan van D. has been detained in the Schiphol prison complex for months. He is suspected of depriving nine children of their freedom and of sexually abusing two of his eldest children, who were not in the Ruinerwold farm.

The judges, who are now visiting Van D., want to determine with these two short visits whether a conversation is possible with Van D. and to what extent he understands what is being said. Communication in the form of speaking and writing appears to be virtually impossible. The man suffers from aphasia. It is also unclear whether the suspect is capable of understanding why exactly he is being prosecuted and what exactly the accusations against him are. Experts from the Pieter Baan Centre examined Van D. and his mental abilities. But from the report it was not crystal clear what he does and does not understand.

And that is of essential importance, if a trial is to be held. Because if a suspect is not able to understand the accusations and cannot defend himself, no criminal prosecution can take place. Lawyer Robert Snorn of Van D. thinks that the case against his client should stop, because it is obvious that Van D. will not understand anything of a trial. But for the judges and also for the Public Prosecution, this has not been established yet.

Three judges and two public prosecutors are present at the interview with Van D.. The two lawyers of the Ruinerwold father are also present. Court president Elly Läkamp conducts the interview, the two other judges and both public prosecutors follow the interview in another room via a video link. According to lawyer Robert Snorn, the interview results in 'nothing special'. "We know how difficult the communication is with him. It is mostly with nodding yes and shaking no and with hand gestures. And sometimes one of his children is there."

That the judges' visit was cut into two short sessions was deliberate, according to Snorn. "Visits quickly become tiresome for him."

On 10 February the case against Gerrit Jan van D. will be continued in the district court of Assen with the hearing of the four experts of the Pieter Baan Centre, who examined Van D. last year. This happens at the request of the Public Prosecution. The prosecutors would like to hear the psychologist, psychiatrist, speech therapist and clinical neuropsychologist again about the mental state of the suspect.

On 18 February there is another hearing in the Asser court. There, the Public Prosecution and Van D.'s lawyers will give their vision on whether Van D. can be tried or not. After that, the court will decide whether the criminal case against the Ruinerwold father can be continued, or whether it will be permanently suspended.

Rechters bezoeken verdachte Ruinerwold-vader twee keer
 
  • #128
hmmm.... wonder why I didn't get an alert in my "Watched Threads" on this one? It marked "To watch"....

Hey @ZaZara - thanks for the update! Ton of snow here so -
animated-smileys-winter-026.gif
 
  • #129
Not too sure IF this is still on - I'll have to wait for @ZaZara to let me know.... :) And I'll shorten this up a bit too.

Wednesday, Feb. 10th:
*Hearing (@ CET) – Netherlands – Dutch Family (Oct. 14, 2019, at Buitenhuizerweg in Ruinerwold, Drenthe Province) – *Josef Brech (58/now 59) (Austrian) tenant of the property (& carpenter), was arrested on 10/17/19 & appeared in court (10/17/19). He is suspected of complicity in deprivation of liberty, mistreatment and money laundering. Money laundering charge was dismissed (4/6/20). Released on 10/30/20 to await trial.
Trial was set to begin sometime in February, 2021 cancelled.
Only for *Gerrit-Jan van Dorsten aka John Eagles (67now 68) (father) was arrested on Thursday (10/17/19) & appeared in court (10/21/19). He is suspected of complicity in unlawful deprivation of liberty, ill-treatment in the sense of damaging the health of others & money laundering. Money laundering charge was dismissed (4/6/20).
Court info from 10/17/19 thru 10/27/20 reference post #119 here:
Netherlands - Dutch family living in basement 9 yrs, Ruinerwold, Drenthe Province, 15 October 2019

11/20/20 Update: Josef B. was released from prison on 10/30/20. Trial will be sometime in February depending upon if Gerrit Jan Van D can stand trial. Josef B. hearing on 12/10/20. Gerrit Jan Van D is expected that the case will be dealt with in substance in February. No date in Feb. 12/10/20 Update: Hearing was cancelled. No further dates available as of 2/10/21.
1/8/21 Update: The judges in the Ruinerwold case will visit Gerrit Jan van D. in hospital next week (Jan. 11th thru Jan. 15th). Next they will question four experts, including neuropsychologists & speech therapists who examined him. All this is done at the request of the public prosecutor, who felt that the report of the PBC still raises questions. According to the Public Prosecutor, it looks like that Gerrit Jan van D. is indeed capable of understanding some things. According to the speech therapist, we are dealing with a 'seriously disturbed understanding of language & global aphasia'. This means: Van D. cannot speak & is not able to understand spoken or written language. Tools, such as the use of a speech computer, offer no solace. According to his lawyer, this conclusion comes down to the fact that a fair trial is not possible. If the court decides to suspend the prosecution, usually this is not the permanent end to a criminal case. In the case of Gerrit Jan van D. it will ultimately come to that, because no improvement in his condition is to be expected.
1/11/21 Update: Today, three judges & 2 public prosecutors saw him for half an hour in the courtroom of the Schiphol Justice Complex. This will happen again tomorrow. Gerrit Jan van D. has been detained in the Schiphol prison complex for months. The Judges want to determine with these two short visits whether a conversation is possible with Van D. & to what extent he understands what is being said. Communication in the form of speaking & writing appears to be virtually impossible. The man suffers from aphasia. It is also unclear whether the suspect is capable of understanding why exactly he is being prosecuted & what exactly the accusations against him are. Experts from the Pieter Baan Centre examined Van D. & his mental abilities. But from the report it was not crystal clear what he does and does not understand. And that is of essential importance, if a trial is to be held. Because if a suspect is not able to understand the accusations & cannot defend himself, no criminal prosecution can take place. Lawyer Robert Snorn of Van D. thinks that the case against his client should stop, because it is obvious that Van D. will not understand anything of a trial. But for the judges & also for the Public Prosecution, this has not been established yet. On 10 February the case against Gerrit Jan van D. will be continued in the district court of Assen with the hearing of the four experts of the Pieter Baan Centre, who examined Van D. last year. This happens at the request of the Public Prosecution. The prosecutors would like to hear the psychologist, psychiatrist, speech therapist & clinical neuropsychologist again about the mental state of the suspect. On 18 February there is another hearing in the Asser court. There, the Public Prosecution & Van D.'s lawyers will give their vision on whether Van D. can be tried or not. After that, the court will decide whether the criminal case against the Ruinerwold father can be continued, or whether it will be permanently suspended.
 
  • #130
Not too sure IF this is still on - I'll have to wait for @ZaZara to let me know.... :) And I'll shorten this up a bit too.

Wednesday, Feb. 10th:
*Hearing (@ CET) – Netherlands – Dutch Family (Oct. 14, 2019, at Buitenhuizerweg in Ruinerwold, Drenthe Province) – *Josef Brech (58/now 59) (Austrian) tenant of the property (& carpenter), was arrested on 10/17/19 & appeared in court (10/17/19). He is suspected of complicity in deprivation of liberty, mistreatment and money laundering. Money laundering charge was dismissed (4/6/20). Released on 10/30/20 to await trial.
Trial was set to begin sometime in February, 2021 cancelled.
Only for *Gerrit-Jan van Dorsten aka John Eagles (67now 68) (father) was arrested on Thursday (10/17/19) & appeared in court (10/21/19). He is suspected of complicity in unlawful deprivation of liberty, ill-treatment in the sense of damaging the health of others & money laundering. Money laundering charge was dismissed (4/6/20).
Court info from 10/17/19 thru 10/27/20 reference post #119 here:
Netherlands - Dutch family living in basement 9 yrs, Ruinerwold, Drenthe Province, 15 October 2019

11/20/20 Update: Josef B. was released from prison on 10/30/20. Trial will be sometime in February depending upon if Gerrit Jan Van D can stand trial. Josef B. hearing on 12/10/20. Gerrit Jan Van D is expected that the case will be dealt with in substance in February. No date in Feb. 12/10/20 Update: Hearing was cancelled. No further dates available as of 2/10/21.
1/8/21 Update: The judges in the Ruinerwold case will visit Gerrit Jan van D. in hospital next week (Jan. 11th thru Jan. 15th). Next they will question four experts, including neuropsychologists & speech therapists who examined him. All this is done at the request of the public prosecutor, who felt that the report of the PBC still raises questions. According to the Public Prosecutor, it looks like that Gerrit Jan van D. is indeed capable of understanding some things. According to the speech therapist, we are dealing with a 'seriously disturbed understanding of language & global aphasia'. This means: Van D. cannot speak & is not able to understand spoken or written language. Tools, such as the use of a speech computer, offer no solace. According to his lawyer, this conclusion comes down to the fact that a fair trial is not possible. If the court decides to suspend the prosecution, usually this is not the permanent end to a criminal case. In the case of Gerrit Jan van D. it will ultimately come to that, because no improvement in his condition is to be expected.
1/11/21 Update: Today, three judges & 2 public prosecutors saw him for half an hour in the courtroom of the Schiphol Justice Complex. This will happen again tomorrow. Gerrit Jan van D. has been detained in the Schiphol prison complex for months. The Judges want to determine with these two short visits whether a conversation is possible with Van D. & to what extent he understands what is being said. Communication in the form of speaking & writing appears to be virtually impossible. The man suffers from aphasia. It is also unclear whether the suspect is capable of understanding why exactly he is being prosecuted & what exactly the accusations against him are. Experts from the Pieter Baan Centre examined Van D. & his mental abilities. But from the report it was not crystal clear what he does and does not understand. And that is of essential importance, if a trial is to be held. Because if a suspect is not able to understand the accusations & cannot defend himself, no criminal prosecution can take place. Lawyer Robert Snorn of Van D. thinks that the case against his client should stop, because it is obvious that Van D. will not understand anything of a trial. But for the judges & also for the Public Prosecution, this has not been established yet. On 10 February the case against Gerrit Jan van D. will be continued in the district court of Assen with the hearing of the four experts of the Pieter Baan Centre, who examined Van D. last year. This happens at the request of the Public Prosecution. The prosecutors would like to hear the psychologist, psychiatrist, speech therapist & clinical neuropsychologist again about the mental state of the suspect. On 18 February there is another hearing in the Asser court. There, the Public Prosecution & Van D.'s lawyers will give their vision on whether Van D. can be tried or not. After that, the court will decide whether the criminal case against the Ruinerwold father can be continued, or whether it will be permanently suspended.


Today and Thursday next week, the Court in Assen will discuss the mental state of Gerrit Jan van D. to decide if he still can be prosecuted. They still haven't made up their minds apparently....

The outcome will also decide if there is still a case against Josef B. ( Please tell me his name is not Brech, I hope there is only one person of this name and that he is someone else...)
Since Josef B. has already been freed, a renewed case against him is not likely.
 
  • #131
Today and Thursday next week, the Court in Assen will discuss the mental state of Gerrit Jan van D. to decide if he still can be prosecuted. They still haven't made up their minds apparently....

The outcome will also decide if there is still a case against Josef B. ( Please tell me his name is not Brech, I hope there is only one person of this name and that he is someone else...)
Since Josef B. has already been freed, a renewed case against him is not likely.

Yes, I do have Feb. 18th as the next hearing date. Why can't he be Josef Brech? I thought I got that name from one of the articles you posted.... now you're going to make me go back & look this up! :D
 
  • #132
  • #133
Okay - looked back on "where" I changed his name - can't find anything that says Brech - so I'll just go ahead and change it back to "B".... :rolleyes:

edited to add: Ah - wonder how I got that last name - but I see the article you just posted... strange!
 
  • #134
Ruinerwold-zaak op losse schroeven: 'te complex voor vader'

"When I asked him to draw a circle, he drew a cross", an expert told the court. According to her, it typifies the mental health of Gerrit Jan van D, the man who for years lived with six of his children in total isolation on a farm in Ruinerwold.

Van D. was arrested in October 2019 after one of the children called for help in a café. The 68-year-old man is suspected of depriving his children of their freedom and of sexual abuse. Today during a preliminary hearing in Assen it became clear that it is still questionable whether his criminal case can proceed.

Experts who have examined him think that it will not succeed. The self-proclaimed prophet of his own religion can hardly talk due to a brain haemorrhage and his memory and sense of reality appear to be seriously affected.

Van D.'s lawyer, Robert Snorn, also thinks that his client cannot follow the case. He asked the court to use the little-used article 16 of the Code of Criminal Procedure. The criminal case is then suspended because the suspect is mentally not able to stand trial.

To get clarity about his mental state, Van D. has been examined by four experts in the Pieter Baan Centre in recent months. A psychologist, a psychiatrist, a speech therapist and a clinical neuropsychologist examined the man.

The experts say that it is difficult to make contact with Van D. He can say some individual words, but he cannot pronounce sentences. The experts disagree about the extent to which he is able to write down single words.

When asked whether he understands that there is a court case, one expert says. "There is some understanding. But it is not clear when that understanding is there and when it is not there. Also, the level of communication is very basic; in short, he cannot defend himself. I think this whole trial is too complex for Van D."

During the hearing, it became clear once again that the situation in which Van D. finds himself now is very different from the one he was in. Based on conversations with people in his environment and video material, the experts draw the conclusion that he had a narcissistic personality disorder.

The judge sums up some things in the report of the Pieter Baan Centre: "He was dominant, narcissistic, manipulative, had delusions of grandeur and a distorted image of reality. This also indicates his withdrawal and the fact that he kept the children inside. As a form of ultimate domination.

There was also the question of whether he might be playing a game. Is Van D. pretending? The experts do not think so. One of them says: "He doesn't really want to be tried, but he does try very hard to communicate. Actually, he should lean back much more if he does not want to cooperate."

Article 16 stipulates that criminal proceedings are to be resumed if the defendant's mental state improves. But the experts seriously doubt that will ever happen. "In the first year there is the most recovery. After that it is very limited. You can actually assume that this is the end point," states one of them.

Another expert says: "Even if speech therapy helps him understand words, it doesn't mean he can think. What could be done is to present drawings. Communication will remain very limited. And we can't check whether he has understood it properly."

The hearing ended with a special request. The four eldest children of Van D. (three of whom never lived on the farm) requested through their lawyer to be allowed to tell their story next week. Normally, victims only get a chance to speak during a substantive hearing. The judge is still considering the request.

Next week on Thursday is the next session day. The Public Prosecutor's Office will announce their opinion of the suspension of the criminal case. The court will decide on March 4 whether the case against Gerrit Jan van D. will go ahead.

BBM


Crime reporter Saskia Belleman wrote on twitter that one of the experts offered the Dutch reading board as an illustration. This reading board, called 'leesplankje' came into use around 1900.

leesplankje_hoogeveen_1958_1960.jpg


'Het Leesplankje' starts with aap, noot, mies (ape, nut, mies ~ or minnie, the cat)

20ffb2af280eb6f4b01b49c217df2b8840cba7b6.jpg


According to the expert, Gerrit Jan van D. can understand the separate words aap, noot, mies.
He may possibly understand ape throws nut at mies
He no longer understands ape throws nut with a twist at mies
He loses track very quickly.

This expert doubts that Gerrit Jan van D. understands the meaning of the word prosecution.
In a court case difficult words and sentences are used and it is very doubtful whether Van D. understands them, according to the expert.

IMO, using this simple reading board (since 1897) to explain, to visualize what a person does understand and what he cannot understand, is brilliant.

Most likely, there won't be a trial.
 
  • #135
Thanks for the update @ZaZara ! :)
 
  • #136
Rechtbank: 'Advocaat mag verhaal kinderen Gerrit Jan van D. nog niet vertellen'

If next month the court accepts the advice not to prosecute Gerrit Jan van D., the four children will not have a chance to say what they have experienced and how they viewed the trial, lawyer Jeekel stated during an interim hearing yesterday. She believes their story should be included in the court's final decision.

Normally, victims and their lawyer only get the chance to tell their story and, for example, to ask for compensation much later during the substantive hearing of a criminal case. Now that the case against Van D. might not be heard at all, Jeekel asked the court to make an exception.

"Although the court understands the children's wish to have their voices heard, there is no place for exercising the right to speak at this stage of the process, which is about the question of whether the suspect can be prosecuted," according to court president Elly Läkamp this afternoon. According to the court, the law offers no room to do so.

Therefore next week only the public prosecutors and Van D.'s lawyers will have the opportunity to say whether they think the criminal case can continue. Examination by experts has shown that the man can barely talk and does not understand multitudes of words.


BBM
 
  • #137
ive a had a real bunch of mixed feelings about this case.
how wrong the descriptions of the house were at the beginning of the news stories and how jan the oldest (who escaped) was on facebook and worked.

I think when the oldest 3 of the 9 kids were young, their lives would have been awful because the dad was healthy then. I think the only reason the younger 5 were not treated like the others, is because the dad was unable to punish them the same since his stroke.

I tend to believe the abuse of the older children but think they are going about things in a strange way. The documentary and the media seems to be a big focal point for them.
I think the younger kids were brain washed from an early age so didnt require much controling from the dad. Jan (25) may have just been fed up and wanted out. He doesnt seem brain washed and could have walked away at any time.

The only thing is, all the children might have been able to go out and leave but did they get told they couldnt come back and have no money to take with them.

When kids have only known one way of life, to them that way is normal. Some abused children still want to be with the abusers. Just because the kids think its normal and not abuse doesnt mean they shouldnt be punished. I dont think it would be right to put the dad on trial though.
 
  • #138
I'll shorten this up a bit...

Thursday, February 18th:
*Hearing (@ CET) – Netherlands – Dutch Family (Oct. 14, 2019, at Buitenhuizerweg in Ruinerwold, Drenthe Province) – *Josef B. (58/now 59) (Austrian) tenant of the property (& carpenter), was arrested on 10/17/19 & appeared in court (10/17/19). He is suspected of complicity in deprivation of liberty, mistreatment and money laundering. Money laundering charge was dismissed (4/6/20). Released on 10/30/20 to await trial.
Trial was set to begin sometime in February, 2021 cancelled
Only for *Gerrit-Jan van Dorsten aka John Eagles (67now 68) (father) was arrested on Thursday (10/17/19) & appeared in court (10/21/19). He is suspected of complicity in unlawful deprivation of liberty, ill-treatment in the sense of damaging the health of others & money laundering. Money laundering charge was dismissed (4/6/20).
Court info from 10/17/19 thru 1/8/21 reference post #129 here:
Netherlands - Dutch family living in basement 9 yrs, Ruinerwold, Drenthe Province, 15 October 2019

1/11/21 Update: Today, three judges & 2 public prosecutors saw him for half an hour in the courtroom of the Schiphol Justice Complex. This will happen again tomorrow. Gerrit Jan van D. has been detained in the Schiphol prison complex for months. The Judges want to determine with these two short visits whether a conversation is possible with Van D. & to what extent he understands what is being said. Communication in the form of speaking & writing appears to be virtually impossible. The man suffers from aphasia. It is also unclear whether the suspect is capable of understanding why exactly he is being prosecuted & what exactly the accusations against him are. Experts from the Pieter Baan Centre examined Van D. & his mental abilities. But from the report it was not crystal clear what he does and does not understand. And that is of essential importance, if a trial is to be held. Because if a suspect is not able to understand the accusations & cannot defend himself, no criminal prosecution can take place. Lawyer Robert Snorn of Van D. thinks that the case against his client should stop, because it is obvious that Van D. will not understand anything of a trial. But for the judges & also for the Public Prosecution, this has not been established yet. On 10 February the case against Gerrit Jan van D. will be continued in the district court of Assen with the hearing of the four experts of the Pieter Baan Centre, who examined Van D. last year. This happens at the request of the Public Prosecution. The prosecutors would like to hear the psychologist, psychiatrist, speech therapist & clinical neuropsychologist again about the mental state of the suspect. On 18 February there is another hearing in the Asser court. There, the Public Prosecution & Van D.'s lawyers will give their vision on whether Van D. can be tried or not. After that, the court will decide whether the criminal case against the Ruinerwold father can be continued, or whether it will be permanently suspended.
2/10/21 Update: Josef B: last hearing was on 12/10/20, no further dates available yet.
2/10/21 Update: Gerrit Jan Van D: Today during a preliminary hearing in Assen it became clear that it is still questionable whether his criminal case can proceed. Experts who have examined him think that it will not succeed. The self-proclaimed prophet of his own religion can hardly talk due to a brain haemorrhage & his memory & sense of reality appear to be seriously affected. Van D.'s lawyer, Robert Snorn, also thinks that his client cannot follow the case. He asked the court to use the little-used article 16 of the Code of Criminal Procedure. The criminal case is then suspended because the suspect is mentally not able to stand trial. Article 16 stipulates that criminal proceedings are to be resumed if the defendant's mental state improves. But the experts seriously doubt that will ever happen. "In the first year there is the most recovery. After that it is very limited. You can actually assume that this is the end point," states one of them. Another expert says: "Even if speech therapy helps him understand words, it doesn't mean he can think. What could be done is to present drawings. Communication will remain very limited. And we can't check whether he has understood it properly." The hearing ended with a special request. The four eldest children of Van D. (three of whom never lived on the farm) requested through their lawyer to be allowed to tell their story next week. Normally, victims only get a chance to speak during a substantive hearing. The judge is still considering the request. Next week on Thursday, Feb. 18th is the next session day. The Public Prosecutor's Office will announce their opinion of the suspension of the criminal case. The court will decide on March 4 whether the case against Gerrit Jan van D. will go ahead. If next month the court accepts the advice not to prosecute Gerrit Jan van D., the four children will not have a chance to say what they have experienced & how they viewed the trial, lawyer Jeekel stated during an interim hearing yesterday. She believes their story should be included in the court's final decision. Normally, victims & their lawyer only get the chance to tell their story and, for example, to ask for compensation much later during the substantive hearing of a criminal case. Now that the case against Van D. might not be heard at all, Jeekel asked the court to make an exception. "Although the court understands the children's wish to have their voices heard, there is no place for exercising the right to speak at this stage of the process, which is about the question of whether the suspect can be prosecuted," according to court president Elly Läkamp this afternoon. According to the court, the law offers no room to do so. Therefore next week only the public prosecutors & Van D.'s lawyers will have the opportunity to say whether they think the criminal case can continue. Examination by experts has shown that the man can barely talk & does not understand multitudes of words.
 
  • #139
I kinda fell into the TL of crime reporter Saskia Belleman on Twitter when the lawyer for the children was about to read their statement. Not sure what preceded this, but the children were apparently granted their unusual wish to speak at this stage of the trial.


@SaskiaBelleman

The court is back and declares that lawyer Corinne Jeekel can speak on behalf of the four eldest children.

Advocate Jeekel asks not to mention the first names of the children and to guarantee their anonymity.

The children have made a joint statement. They say it was never about punishing Gerrit Jan van D. himself. "The point for us was that the judge would establish that what happened to us is not acceptable."

According to the children, Gerrit Jan van D. can very well be put on trial. "It will not be the first time that a suspect does not understand everything. Not only his interests are at stake, but also our interests."

The children say that the chance that the criminal case will fizzle out "fills us with a lot of emotions. We have worked so hard for it."

The children say they have lived as hostages and in isolation since the birth of the eldest child in 1989, in several places in the country. Contact with the outside world made them unclean, their father said.

The children were punished if they had such contact. Then they had to stay outside as a punishment, regardless of the weather. Gerrit Jan van D. also blamed the children for the death of their mother.

The eldest children did go to school and brought the impurity into the house that killed their mother, according to Gerrit Jan van D. The eldest son lived outside in a dog kennel because he was said to carry an evil spirit.

The children talk about the indoctrination, the fear of 'spiritual attacks' and also their fear of the youngest children, who lived in #Ruinerwold. The oldest children did not live there.

"We know better than anyone that Gerrit Jan still has a profound influence. On the youngest 5, but also on us."

Their father was their life, but even the children could no longer communicate with him after his stroke. But the children also discovered a new freedom. The constant pressure to do something wrong eased a little. But that did not last long.

One of the children recalls his father telling him to be very angry with one of the other children. When he did not do so, he had to go outside. He was only allowed back in when he complied with the order.

Even after his stroke, their father remained firmly in control. According to the children, there is a real risk of a recurrence. The youngest children are much freer since his detention, the eldest children say. But they will never say no to him.

The youngest still regard their father as 'prime', the messiah. They have been so indoctrinated for years that they cannot escape his influence. The oldest children are scared to death of the future of the youngest.

The children have only just begun reuniting. "We are becoming brothers and sisters again. But the situation is fragile. That situation will be undone immediately when Gerrit Jan is in their midst again."

People will say: you are adults, aren't you? That's right, the elder children say. But all children have been systematically indoctrinated from birth. That leads to a conditioning that you cannot withstand overnight.

If they don't distance themselves from Gerrit Jan, they will protect him until they die and deny themselves a life of their own. Despite his poor health, their father is still a real danger and there is a chance for the old dynamic to be revived, the elder children say.

Without criminal prosecution Gerrit Jan will resume his old life. "We know what that meant. What that still means."

If he is not prosecuted, a safe environment must be created between the youngest children and Gerrit Jan, the oldest children say. "They must be able to develop into free individuals, with free choice."



That was an impressive victim statement from the eldest children, who see the terrifying prospect of a father who will continue his old life with their younger siblings.

The options within criminal law stop when the criminal case ends. However frustrating that may be for the children. And because all children, even the youngest, are of age, you cannot force them to do anything.

The hearing is over for today. The court will make a final decision on the prosecution on 4 March, at 9 a.m.


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  • #140
A little searching.... the declaration of the children was preceded by this:

Schrikbeeld kinderen Ruinerwold: Keert vader nu weer terug?

The public prosecutors in the Ruinerwold case want the district court in Assen to declare that they are not entitled to prosecute Gerrit Jan van D., the father who spent nearly ten years hiding with his six youngest children in a farmhouse in Ruinerwold.

The Public Prosecutor wants to discontinue the prosecution because, according to public prosecutor Diana Roggen, Van D. is able to understand the scope of the criminal proceedings to a certain extent, but is unable to defend himself due to his brain damage. This would constitute a violation of the European Convention on Human Rights, which states that suspects have the right to a fair trial, in which they can actively participate and defend themselves. According to Roggen, this is not the case with Van D..

The Public Prosecution Service disagrees with the older children about the father's ability to stand trial. He cannot talk and answers questions with "yo-yo" and a lot of facial expressions, but it is unclear what he means and whether he understands what is asked of him.

Roggen: "He is not a suspect who has completely lost his way, but is trapped in his own brain. There may be things coming in, but it is unclear how he processes information in his affected brain, and only a limited amount comes out."

Gerrit Jan van D. might still be able to attend his trial in short blocks of half an hour. He might also be able to answer simple closed questions. But according to prosecutor Roggen he is not able to understand and answer more complicated questions. "He can't even explain to the speech therapist in the Pieter Baan Centre why his beard is short. Let alone that he can say something about his complex thought process behind the way he raised his children, why he abused them and hid them from the outside world."

No improvement in his health situation is possible. Because the severe cerebral stroke went untreated for years, his condition has become chronic. Prosecutor Roggen said on Thursday in the district court of Assen that she is aware of the impact this has on the eldest children and acknowledges the danger of a revival of the old situation in which the father and the youngest children isolate themselves from society. Nothing has changed in Van D.'s way of thinking. He still thinks that the world will end in forty or fifty years and that he himself will return as a baby. Roggen: "However, the children are of age. That is their choice. And their right," according to prosecutor Roggen.

If on March 4, the court grants this request of the Prosecution, the criminal case against Van D. will end and he will be a free man.


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