The appointment of Tjibbe Joustra as chairman of the security investigation of Peter R. de Vries is legally contests. That‘s what Professor of State and Administrative Law Wim Voermans said Thursday night in Nieuwsuur. According to Voermans, the appointment goes against the European ‘right to life‘.
Peter Schouten and Onno de Jong, the lawyers of Nabil B. in the Marengo trial, criticised Joustra’s appointment in a press conference on Thursday afternoon. They fear that Joustra is not the right man to investigate the actions of the NCTV, because Joustra has worked at that organization himself in the past.
Professor Voermans not only gives them right, he now says that the appointment is even legally arguable on the basis of the ‘right to life’, a European legislative article that obliges the government to protect the lives of citizens at all times.
Voermans believes that the right to life comes with certain research obligations. “You need to hear people under oath, for example, what Tibbe Joustra can‘t do with this committee,” he says. “And there are higher demands for independence. You have to be institutional, legal and practically independent. You can’t have a history at the club being investigated.”
The Heiries of Peter R. de Vries can, if they want to, make a case tomorrow, according to Voermans. “They can say, the right to life has been violated.”
Rosenthal: Joustra good choice
Uri Rosenthal, former minister and emeritus professor of public administration, does not think Joustra‘s appointment is a bad choice at all. “When it comes to facts, he is a man of facts,” he says to Nieuwsuur. “And he won’t be influenced by interests and relationships either.”
According to Rosenthal, finding someone else for this job is not that easy either. “Call me one. Everyone has a certain interest in this small country. Everyone has connections.”
He hopes that lawyers Schouten and De Jong will eventually have fewer problems with the appointment of Joustra.
“I can imagine that they will be somewhat guided by the fact that it is now a committee,” he says. “Not only with Joustra but also with two others, of whom in no way can be said to have been involved in these bodies in the past. The soup may not be eaten as hot as it is served.”
“Knowing away right disadvantage”
Voermans disagrees with Rosenthal. “He‘s really wrong in this case,” he says. “Undoubtedly, Tjibbe Joustra is a very independent and knowledgeable man. But this is the demands of the European court. If the ‘right to life‘ is at issue, the highest demands apply to those who investigate it.”
Voermans says you need someone who really comes from outside for this research. “It’s just that Joustra knows its way around that organization is the downside here.”