LETTER TO THE EDITOR
The more I hear from our Minister of Justice, Mrs. Nathalie Asrani-Tackling, the more disappointed I become. I suspect I am not alone in this feeling; many others, including fellow lawyers among her own colleagues, share the same sentiment. I understand that as a lawyer, or LL.M. as the Honorable Minister often reminds us, she may not have extensive experience in criminal law.
In various press releases, the Honorable Minister has stated that she sought advice from UNOPS regarding the calculation of Theo Heyliger’s release date. Initially, she claimed that UNOPS confirmed the calculation performed by the Prison Directorate. Later, she indicated that she turned to UNOPS because she had received two different calculations.
In my humble opinion, the fact that the Honorable Minister consulted UNOPS suggests she lacked confidence in the Prison Directorate’s calculation an already remarkable development.
What is even more striking is that she chose to seek advice from UNOPS, an external third party outside the justice system, rather than turning to the Public Prosecutor. Based on my experience when I was at the Public Prosecutor’s Office in my former role as Bailiff for criminal cases, I know that the execution of court verdicts (in Dutch: de tenuitvoerlegging) rests with the Public Prosecutor.
The responsibility ends there. If a dispute arises between an inmate and the Prison Directorate, it is the Public Prosecutor who determines the matter. Alternatively, the inmate may turn to the court that imposed the sentence—whether the Court of First Instance or the Court of Appeal.
This leads me to wonder whether the Honorable Minister has confidence in neither the Prison Directorate nor the Public Prosecutor’s Office. I also question why the Public Prosecutor has not responded publicly. I answer that question myself: it is likely due to the obligation of secrecy (geheimplicht).
By approaching UNOPS—an outsider and third party—for advice on a matter concerning an inmate, the Honorable Minister disregarded the inmate’s privacy. This is unprecedented and risks creating a dangerous precedent. If the Honorable Minister has done this for Theo Heyliger, other inmates may reasonably demand the same treatment whenever they question the calculation of their release dates. Furthermore, why should there even be an issue with calculating Theo’s release date—or that of any other inmate? The law is clear.
Any unconditional sentence exceeding one year is reduced by one-third, with pre-trial detention also deducted. While an inmate’s behavior or the nature of the crime may, in rare and exceptional cases, lead to a different determination, it remains the Public Prosecutor who executes court decisions in criminal matters.
Nowadays we even have AI and Google at our disposal.
The Honorable Minister continues to disappoint the community at large with her actions. She has shown herself to be a person lacking integrity and empathy, one who plays with the truth.
At times I wonder whether the solemnity of taking an oath still holds any value.
Gromyko L.N.V. Wilson
Former Bailiff for Criminal Cases
(Voormalig strafdeurwaarder)
