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Solidarity and advance payment scheme

On October 14, 2019, the criminal chamber of the Amsterdam District Court a verdict sentencing the suspect in the Central Station terrorist attack in August 2018 to a high prison term (of 26 years and eight months).

Compensation for victims of attack at Amsterdam Central Station

Substantial damages were additionally awarded to the victims, to which the court added the following consideration:

“... The court realizes that - where in all likelihood the defendant will offer no recourse - the State will pay these sums to the victims under the advance payment scheme of section 36f(7) Sr.

This is also only reasonable. In the present case, the accused committed very serious crimes on Dutch territory. As a result, (among others) two American tourists, who were visiting the Netherlands, were seriously injured. The advance payment scheme was introduced to accommodate victims of serious crimes in cases where the convicted person is manifestly unable to meet his obligation to pay compensation. When this provision was introduced, the government saw it as the government's responsibility to prevent persons who are victims of a serious (violent) crime from having to bear the damages they have suffered as a result entirely on their own. After all, that adds additional suffering. The advance payment scheme is thus based on the idea of solidarity and specifically addresses the personal consequences of the crime for the victim (Parliamentary Papers I, 2007-2008, 40 143, no. D, p. 8) ...”.

Solidarity as a core value of society

Solidarity is a core value by which the quality of society can be measured. With the advance payment scheme, society is caring for victims of very serious crimes. After all, these can happen to all of us. It is appealing that the court expresses that having to bear damages alone adds extra suffering. In doing so, the court focuses on the consequences that can be serious and permanent for the victim.

What should solidarity cost? Is 29 million euros in eight years too much? What does it cost the taxpayer to protect a politician from the dangers of his exercise of freedom of speech? What is spent for the benefit of the accused or perpetrators in the criminal justice system? I express the hope that the quality of our society is worth much to us.

Dutch role model

I have had the privilege of handling the case for Jawed S.'s American victims. I got to know them as beautiful people who are worthwhile. They were very seriously affected, but could nevertheless appreciate the way they were supported in the Netherlands. They also expressed their gratitude for that. The Netherlands has shown that the concept of solidarity is given substance here and that is a good example for the rest of the world.

Hands off the advance payment scheme!

If you have questions about this blog, please contact John Beer.