CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 10 novembre 2005

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s19118F9D { margin-top:0pt; margin-left:247.1pt; margin-bottom:0pt; text-indent:35.3pt; text-align:center } .s598389FB { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:14pt } .sE208486F { font-family:Arial; color:#ff0000 } .s2E302ED2 { margin-top:0pt; margin-bottom:0pt; font-size:14pt } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .s61ED8A2B { width:14.36pt; display:inline-block } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s84D0D60A { width:8.36pt; display:inline-block } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sC443675D { margin-top:36pt; margin-bottom:30pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sD2857263 { margin-top:30pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s11869A80 { margin-top:0pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s6477A72F { margin-top:0pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sA1CDB767 { margin-top:6pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s281358E1 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sFD4D42B6 { margin-top:12pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s984A15CA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s684F2214 { margin-top:18pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s25BD2B45 { margin-top:24pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sD5DF731 { margin-top:0pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sB6F98828 { margin-top:12pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s360DA689 { margin-top:18pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8378218E { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s1B6AF0FA { margin-top:6pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s48125EFE { margin-top:12pt; margin-left:48.75pt; margin-bottom:6pt; text-indent:-17pt; text-align:justify; font-size:10pt } .s434D37A9 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sFA3451AB { width:32.37pt; text-indent:0pt; display:inline-block } .s1913A4C6 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .sC702907E { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s83C8FFCB { width:0.56pt; text-indent:0pt; display:inline-block } .sD70387F8 { width:8.9pt; text-indent:0pt; display:inline-block } .s1B0D0B53 { margin-top:12pt; margin-left:21.25pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s988F61DE { margin-top:12pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s21F08A35 { margin-top:18pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s541E346C { margin-top:12pt; margin-left:36pt; margin-bottom:12pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s7D73FE43 { margin-top:6pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sEC2CB098 { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s8F4EE4B8 { margin-top:6pt; margin-bottom:18pt; text-indent:14.2pt; text-align:justify } .s93EDF1FF { margin-top:18pt; margin-left:17.85pt; margin-bottom:30pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s90647315 { margin-top:30pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s40E9DAE9 { margin-top:12pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7D2D15E { margin-top:12pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s3E2DB4A0 { margin-top:18pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s8A9F351B { margin-top:12pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sC31874BD { margin-top:24pt; margin-left:29.2pt; margin-bottom:24pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sAC3EF98C { width:5.03pt; text-indent:0pt; display:inline-block } .s804EF768 { margin-top:24pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sE7C30868 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify } .s197FB613 { margin-top:6pt; margin-left:21.25pt; margin-bottom:18pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .sB3611F6B { width:33.91pt; text-indent:0pt; display:inline-block } .s600743B5 { width:34.47pt; text-indent:0pt; display:inline-block } .s6978CAD4 { width:5.69pt; text-indent:0pt; display:inline-block } .sA4AC757A { width:0.27pt; text-indent:0pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s71BC72F4 { margin-top:18pt; margin-bottom:12pt; text-align:center; font-size:10pt } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s507703F { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .sCD71EA34 { margin-top:24pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s95ADAAEF { margin-top:0pt; margin-left:18pt; margin-bottom:0pt; text-indent:-18pt; text-align:justify } .sE5C1F6E3 { width:3.33pt; font:7pt 'Times New Roman'; display:inline-block } .sFB30C84 { width:4.01pt; font:7pt 'Times New Roman'; display:inline-block } .s1C90AC38 { width:6.67pt; font:7pt 'Times New Roman'; display:inline-block } .s33C53B69 { margin-top:24pt; margin-left:36.6pt; margin-bottom:18pt; text-indent:-15.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9F223FEE { margin-top:18pt; margin-left:17.85pt; margin-bottom:12pt; text-indent:-17.85pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s8E011338 { margin-top:12pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s56E27C8 { margin-top:6pt; margin-left:21.25pt; margin-bottom:24pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s3B3A5DE9 { margin-top:12pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .sAB173E38 { margin-top:12pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .s81CCF55C { margin-top:0pt; margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .sE9ABB550 { margin-top:12pt; margin-bottom:24pt; text-indent:14.2pt; text-align:justify } .sE262F42C { margin-top:24pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid } .sEF8F76C5 { width:20.87pt; display:inline-block } .sE5EF7E53 { width:190.09pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s8E4EE0F1 { margin-top:12pt; margin-bottom:0pt; text-align:right } .sF28C8B01 { margin-top:0pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s76CF415B { page-break-before:always; clear:both } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s4A163300 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s4BAE41EE { font-family:Arial; font-size:11pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }     THIRD SECTION     CASE OF RAMSAHAI AND OTHERS v. THE NETHERLANDS     (Application no. 52391/99)     JUDGMENT     STRASBOURG   10 November 2005       THIS CASE WAS REFERRED TO THE GRAND CHAMBER, WHICH DELIVERED JUDGMENT IN THE CASE ON 15 May 2007       This judgment will become final in the circumstances set out in Article   44   §   2 of the Convention. It may be subject to editorial revision. In the case of Ramsahai and Others v. the Netherlands, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Mr   B.M. Zupančič , President ,   Mr   J. Hedigan ,   Mr   L. Caflisch ,   Mrs   M. Tsatsa-Nikolovska ,   Mr   V. Zagrebelsky ,   Mr   David Thór Björgvinsson , judges ,   Mrs   W. Thomassen, ad hoc judge , and Mr V. Berger , Section Registrar , Having deliberated in private on 20 October 2005, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 52391/99) against the Kingdom of the Netherlands lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by three Netherlands nationals, Mr Renee Ghasuta Ramsahai, Ms Mildred Viola Ramsahai and Mr Ricky Moravia Ghasuta Ramsahai (“the applicants”), on 8 September 1999. 2.     The applicants were represented by Mr G.P. Hamer, a lawyer practising in Amsterdam. The Netherlands Government (“the Government”) were represented by their Agents, Mr R.A.A. Böcker and Mrs J. Schukking of the Netherlands Ministry of Foreign Affairs. 3.     The applicants alleged, in particular, that the circumstances of the death of Mr Moravia Siddharta Ghasuta Ramsahai, grandson of the first two applicants and son of the third applicant, who was shot dead by a police officer, were constitutive of a violation of Article 2 of the Convention. They also alleged that the subsequent investigation proceedings had been insufficiently effective and independent. 4.     The application was allocated to the Court’s Second Section (Rule   52 §   1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 5.     On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Third Section (Rule 52 § 1). Mr Myjer, the judge elected in respect of the Netherlands, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mrs W. Thomassen to sit as an ad hoc judge (Article   27 § 2 of the Convention and Rule 29 § 1). 6.     By a decision of 3 March 2005, the Court declared the application admissible. 7.     The applicants and the Government each filed observations on the merits (Rule 59 § 1). The parties replied in writing to each other’s observations. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 8.     The first two applicants, Mr Renee Ghasuta Ramsahai and Mrs   Mildred Viola Ramsahai, are the grandfather and grandmother of Mr Moravia Siddharta Ghasuta Ramsahai, (“Moravia Ramsahai”), the deceased. They were both born in 1938. They were their grandson’s guardians until he reached his majority at the age of eighteen. The third applicant, Mr Ricky Moravia Ghasuta Ramsahai, born in 1960, is the father of the late Moravia Ramsahai. 9.     Moravia Ramsahai was born on 6 December 1979. He died on 19   July   1998. A.     The circumstances surrounding Moravia Ramsahai’s death 10.     In the evening of Sunday 19 July 1998, during the “Kwakoe” festival in the Bijlmermeer district of Amsterdam (a celebration by the Surinamese immigrant community of the abolition of slavery in Suriname 135 years earlier), Moravia Ramsahai forced the owner of a scooter at gunpoint to give up his vehicle. Having gained control of the scooter he then made off with it. 11.     The owner of the scooter notified a police officer who reported the robbery by radio to the Flierbosdreef station of the Amsterdam police force. The duty police officer in turn alerted police patrolling in the area. 12.     Some five minutes later, two uniformed police officers, Officers Brons and Bultstra, patrolling in a marked police car, saw a scooter driven by an individual fitting the description given to them stopping near a high-rise building called “Huigenbos”. They stopped the car and got out. Officer Bultstra ran towards the person whom they had seen riding the scooter, later identified as Moravia Ramsahai, and tried to arrest him. 13.     It appears that Officer Bultstra saw Moravia Ramsahai draw a pistol from his trouser belt. Officer Bultstra then drew his service pistol and ordered Moravia Ramsahai to drop his weapon. This Moravia Ramsahai failed to do. Officer Brons, the driver of the patrol car, then approached. It appears that Moravia Ramsahai raised his pistol and pointed it towards Officer Brons, who drew his service pistol and fired. Moravia Ramsahai was hit in the neck. At 10.03 p.m. Officer Brons radioed Flierbosdreef police station to report that he had shot someone and to call for an ambulance. 14.     When the ambulance arrived on the scene, at approximately 10.15 p.m., the ambulance crew found Moravia Ramsahai already dead. 15.     Upon his return to Flierbosdreef police station, Officer Brons was seen by the commanding officer of the Amsterdam/Amstelland police force, Police Commissioner Van Riessen. 16.     Local police secured technical evidence and took the names of a number of witnesses. 17.     Later that night officers from a special operations squad ( Mobiele Eenheid , “Mobile Unit”) of the Amsterdam/Amstelland police questioned all residents of the Huigenbos building whom they found at home. No one could provide any relevant information. 18.     An autopsy was performed on Moravia Ramsahai’s body on 20   July   1998, after which the body was released to his next of kin. 19.     Also on 20 July 1998 the Amsterdam/Amstelland police public information bureau published a press release which read as follows: “ Police shoot down armed scooter thief Last night, at around 10 p.m., an eighteen-year-old youth who drew a firearm was shot down outside the Huigenbos building by a policeman. Shortly afterwards he died from his injuries on the spot. The victim had shortly before been present at the location of the Kwakoe festival. There he had approached a young man who was in possession of a brand new scooter. He had pushed a pistol into the young man’s side and thereby forced him to hand over the scooter. He had also forced the owner to tell him how the alarm worked and had then made his escape. The owner of the scooter reported the robbery to two police surveillance officers. They set off in pursuit of the thief and asked for assistance via the police radio room. The thief managed to start the vehicle and make a rapid escape. Shortly afterwards the suspected thief was noticed with the scooter on the Huntumdreef by officers patrolling in a police car. The fellow ( knaap ) rode the scooter off the side of the road and crossed the grass towards one of the entrances of the Huigenbos building. Having arrived there he rode the scooter into the hallway. The passenger of the police car followed the suspect on foot and also ran towards the entrance. As he arrived there, the suspect came out again. The man drew a pistol. The policeman called out several times ‘Drop the gun’. By this time the other policeman had also reached the entrance to the building. He saw that the suspect was starting to aim the firearm at his fellow officer ( het vuurwapen op zijn collega begon te richten ) and forestalled that danger with a shot from his service pistol. The suspect was hit and died shortly afterwards. The suspect’s pistol, which was loaded, has been seized. The State Criminal Investigation Department ( Rijksrecherche ) has begun an investigation into the shooting.” 20.     Subsequently, as the applicants allege, Police Commissioner Van Riessen was quoted in the mass circulation daily newspaper De Telegraaf as having stated: “Whatever kind of committee of inquiry may be set up in addition, I will not let them in.” ( “Wat voor een onderzoekscommissie er daarnaast ook wordt ingesteld, ze komen er bij mij niet in” ). 21.     Officers Brons and Bultstra were back on duty a few days after the shooting. 22.     A criminal investigation was ordered, in the course of which Officers Brons and Bultstra were assisted by a single lawyer retained by the police, Mr L.J.B.G. van Kleef. Ultimately the Public Prosecutor responsible, finding that Officer Brons had acted in legitimate self-defence, decided that no prosecution should be brought. 23.     The applicants brought two sets of proceedings, one before the Court of Appeal ( gerechtshof ) of Amsterdam aimed at obtaining a court order overturning the Public Prosecutor’s decision not to prosecute Officer Brons, the other before the Police Complaints Board ( Commissie voor Politieklachten ) to seek redress for what they considered to be deficiencies in the way the Amsterdam/Amstelland police had acted following the death of Moravia Ramsahai. Neither set of proceedings produced the result which they had sought. B.     The police investigation 1.     The questioning of the inhabitants of the Huigenbos building 24.     During the night of Sunday 19 July 1998, a squad of police officers belonging to a mobile special operations unit and commanded by a police superintendent went from door to door to take statements from the inhabitants of each of the 135 flats in the Huigenbos building. 25.     According to the official report drawn up the following day by Detective Sergeant Wouter Barend Nicolaas Dolman of the Amsterdam/Amstelland police, three flats had been uninhabited. The inhabitants of 75   flats had been absent. The inhabitants of 47 flats had been at home, but had seen or heard nothing. The inhabitants of nine flats had heard the shot fired. In one flat there was a twelve-year-old girl, named Sangeeta Edwina Pamela Mungra, who stated that when she had opened the lift door on the ground floor it had struck a scooter lying on the floor. As she had got out of the lift she had heard a bang. She had seen two police officers and heard one of them say: “I have fired.” She had seen a male victim lying on the ground. She had panicked, fled into the lift and returned home. 2.     Statements taken by various officers of the Amsterdam/Amstelland police force (a)     Statement from Vinod (or Vinodkumar) Hoeseni dated 19 July 1998 26.     Mr Hoeseni reported the theft of his scooter to the Amsterdam/Amstelland police on 19 July 1998 at approximately 11.15 p.m. His statement was taken by Senior Police Officer Olav Petrus Benthem, an officer of the investigation division ( afdeling recherche ) of the Amsterdam/Amstelland police force based at Flierbosdreef police station. 27.     Mr Hoeseni had purchased the scooter earlier that week. On the night of 19   July 1998 he had ridden it to the Kwakoe festival where he had met his girlfriend. While he was with her, a youth unknown to him had come up to him and said: “Get off. Get off. I shoot you, I shoot you.” ( “Deraf. Deraf. Ik schiet jou, ik schiet jou.” ). Mr Hoeseni had felt something being pushed against his right side. Looking down, he had recognised the object as a lady’s pistol. He had been unwilling to give up the scooter but his girlfriend had advised him to do so lest he be shot. He had then let go of the scooter and run towards the first policeman he saw. 28.     Mr Hoeseni had told the police officer that his scooter had been stolen at gunpoint and that they should run after it. He had given a description of the scooter and the thief. Mr Hoeseni and the two police officers had gone after the thief with the scooter, but he had ridden off. 29.     He had heard, on the police officers’ two-way radio, that the scooter had been found. Together with the police officers he had gone to a grassy area where he had heard the scooter’s alarm. He had seen his scooter surrounded by police and identified it as his. 30.     He had not recognised the thief as anyone he knew. (b)     Anita Andjiedewie Bhondoe, questioned on 19 July 1998 31.     Ms Bhondoe was questioned by Detective Sergeant Dolman on 19   July   1998 at 11.15 p.m. 32.     Ms Bhondoe had gone with her brother to the Kwakoe festival, where she had met her boyfriend Vinob (or Vinod/Vinodkumar). Vinob had just bought a new scooter. Ms Bhondoe’s brother had gone to fetch something to drink for the three of them. 33.     After about fifteen minutes she and Vinob had been approached by a youth whom she had noticed looking at her and the scooter. The youth had said to Vinob: “Get off, get off” (“ Stap af, stap af” ) and had pressed an object resembling a firearm against Vinob’s stomach. She had thought at first that this was a friend of Vinob’s playing a prank, but had realised from Vinob’s facial expression that this was not the case. She had prevailed on Vinob to get off the scooter when the youth had said: “Get off, get off, or I will shoot” (“ Ga eraf, ga eraf, anders ga ik schieten” ). Vinob had then run off to get help, whilst the youth had bump-started the scooter and made off with it. Vinob had returned with two police officers and the three of them had run after the youth on the scooter. Ms Bhondoe had joined them for a bit but had been called back by her brother. Together they had run in the direction taken by the police officers. Arriving at the Huigenbos building, they had seen a large number of cars. Vinob had told them that the youth had been caught and that the police had shot him. After Vinob had spoken with the police, she and he had been taken to the police station to give a statement. (c)     Petrus van den Heuvel, questioned on 19 July 1998 34.     This witness was questioned by Police Sergeant Maria Cornelia de Bruijn of the Amsterdam/Amstelland Regional Police Force. He stated that he lived on the fifth floor of the Huigenbos building. Happening to look down from the walkway, he had seen a policeman run towards the doorway. He had seen a coloured man with a shaved head come out of the doorway. He had seen the policeman try to grab the coloured man by his arm. The coloured man had made a sideways movement with his arm, as if to indicate that he did not want to go along with the policeman, and the policeman had not been able to hold on to him. The coloured man had then drawn a pistol or a revolver, whether out of his pocket or out of his trouser band Mr van den Heuvel could not see. The weapon was of a silver-grey colour with a dark coloured grip. Mr van den Heuvel’s instinctive reaction had been to dive for cover behind the balustrade of the walkway. As he glanced over briefly out of curiosity, it had appeared to him that the policeman had taken a few steps sideways. The coloured man was still holding the weapon in his hand. He had not pointed it in any particular direction, but he had not dropped it either. All this happened very quickly, perhaps in less than half a minute. In the meantime a second policeman had come running up. He had heard “Drop it” being shouted very loudly at least four times. The coloured man must have heard it, but ignored it. 35.     Mr van den Heuvel did not remember seeing the second policeman standing still after he had reached the scene of events. He had heard a bang and had seen the coloured man collapse. The weapon had fallen to the ground a few metres away. The first policeman had walked up to the coloured man to inspect. The second policeman had spoken into some device or other, after which help had arrived. He had tried to call the police on his telephone, but had been told that help was on its way. He had stood and watched a little longer before going down and giving his name to the police as a witness. (d)     Police Officer Bas Dekker, questioned on 20 July 1998 36.     Officer Dekker was interviewed by Senior Police Officer Benthem. 37.     At around 10.05 p.m. the night before, Officer Dekker had been patrolling the Kwakoe festival with Officer Boonstra. He had been addressed by a young man whom he did not know, who told him that he had been dragged off his scooter and that his scooter had been taken from him; this had happened less than a minute earlier. The young man had given him the insurance papers for the scooter and indicated the direction in which the thief had taken the scooter. 38.     Officers Dekker and Boonstra, together with the young man, had run in the direction indicated by the latter. While running Officer Dekker had radioed through the description of the scooter to other police officers. At this point he had not been aware that the thief had used a weapon; the owner of the scooter had not mentioned it. Officer Dekker had assumed that the thief had used physical force only, the owner of the scooter having stated that he had been dragged off his vehicle. 39.     The thief had managed to start the scooter as they had caught sight of him. They had continued running but the scooter had been faster. Officer Dekker had radioed through his own description of the scooter and its rider, the possible directions in which they might have gone and its insurance plate number. They had continued running; upon reaching the pedestrian underpass Officer Dekker had heard, on his radio set, another policeman reporting a shooting and shortly afterwards calling an ambulance. Officer Dekker estimated that approximately one minute had elapsed from when he transmitted his description of the scooter until the report of the shooting, but he could not be sure. 40.     As Officers Dekker and Boonstra stood wondering whether there was any connection between the shooting and the theft of the scooter, the owner of the scooter, who had apparently overheard the police radio, had told them that the thief had a small silver-coloured pistol. 41.     Officers Dekker and Boonstra and the owner of the scooter had made their way to the scene of the shooting in front of the Huigenbos building. They had seen a person lying supine on the ground, with two uniformed police officers kneeling beside him. They had advanced and recognised the scooter. Officer Dekker had taken the particulars of the owner of the scooter and made arrangements for him and his companion to be taken to the police station so that they could give a statement. (e)     Police Officer Paulus Antonius Braam, questioned on 20 July 1998 42.     Officer Braam was interviewed by Sergeant Theodorus Johannes Gerarda Limbeek of the Amsterdam/Amstelland police investigation support bureau at Flierbosdreef police station. His work consisted of, among other things, monitoring and dealing with two-way radio traffic. 43.     On 19 July 1998 at 9.55 p.m. Officer Braam had been sitting at his plotting table when he had heard a report come in by two-way radio from a surveillance police officer that he was following a youth who had just stolen a scooter. A little later the officer had radioed in to say that the thief had managed to bump-start the scooter, and to give an indication of the direction in which the thief had gone. The officer had sounded unemotional, as if it were nothing other than an “ordinary” robbery of a scooter. 44.     The officer being on foot, he had requested the assistance of a motorised colleague. In so doing he had given a description of the scooter. Officer Braam had asked a colleague on a motorcycle to go in the direction indicated. 45.     As the motorcycle policeman had been about to leave the police station forecourt, Officer Braam had heard Officer Bultstra from his marked police car report that he had seen the scooter with the thief enter the doorway leading to the third lift of the Huigenbos building and would go after him. Officer Bultstra too had sounded unemotional. 46.     Four or five minutes later, perhaps less, Officer Braam had heard Officer Bultstra saying: “The suspect has been shot, I want an ambulance”. Again, Officer Bultstra had sounded calm and professional. Officer Braam had then called for the appropriate services. 47.     Officer Braam had not heard Officer Brons take part in the radio conversation. This reflected standard practice, namely that the driver of a police car – in this case Officer Brons – had his two-way radio set to the frequency of the central incident room, whereas the “passenger” – Officer Bultstra – had his radio set to the frequency used by the local team. (f)     Police Officer Renate Quirina van Daal, questioned on 20 July 1998 48.     Officer Van Daal was interviewed by Senior Officer Petrus Wilhelmus Martinus Leerkes of the Amsterdam/Amstelland police force. 49.     Officer Van Daal was a uniformed police officer on the basic police assistance staff. The previous night she had been seated at the plotting table from 8.15 p.m. until midnight. Until the shooting it had been a quiet night. She had sat there with Officer Braam and Superintendent Casper Sikking. 50.     At around 10 p.m. she had heard, on the radio frequency used by the district police, that a police officer was chasing a scooter, and also which direction the scooter had taken. She did not remember the precise words used, nor any description given of the rider. 51.     Shortly afterwards she had heard the voice of Officer Bultstra, reporting the sighting of the scooter. A second or two later Officer Bultstra had reported seeing the scooter in a doorway of the Huigenbos building. 52.     Superintendent Sikking had called by radio: “All right boys, everyone go to Huigenbos.” (“ Jongens met z’n allen naar Huigenbos” ). 53.     Very shortly afterwards Officer Bultstra had said: “I want an ambulance, I have fired” (“ Ik heb geschoten” ). Superintendent Sikking had asked him to repeat that. Officer Bultstra had repeated: “I have fired.” Most of the police officers present had then gone out and Officers Van Daal and Braam had contacted the appropriate emergency services. 54.     Officer Van Daal had later heard Officer Brons say that the ambulance was needed urgently because the suspect was in a very bad way. 55.     It was only later that Officer Van Daal had been informed by other police officers that it was in fact Officer Brons who had fired. (g).     Police Officer Bruin Jan van Dongen, questioned on 20 July 1998 56.     Officer Van Dongen was a police-dog handler holding the rank of sergeant whose duty station was Flierbosdreef police station. He was interviewed by Sergeant Lof of the Amsterdam/Amstelland police force. 57.     Officer Van Dongen had been on duty the previous night, with his police dog. 58.     He had heard, on his two-way radio, that a scooter had been stolen at the Kwakoe festival. The direction in which the thief had driven off was given. The description was of a coloured male, dressed in black, riding a red scooter. Officer Van Dongen had gone in the direction indicated. 59.     Officer Van Dongen’s car was passed by a marked police car in which there were two police officers. He had recognised the driver, Officer Brons, but not the passenger. He had seen the car being parked and the passenger emerge. 60.     Officer Van Dongen had also parked his car, intending to look for the thief if he could. He had been getting the police dog out when he had heard a pistol shot. 61.     He had run with the dog in the direction from which the sound of the shot had come. Having reached the Huigenbos building, he had met Police Officer Brons coming towards him. He had seen Officer Bultstra kneeling near the head of a male who was lying flat on the ground. 62.     He had asked Officer Brons what had happened. Officer Brons had replied that there had been shooting. Officer Van Dongen had asked who had fired. Officer Brons had replied that a pistol had been aimed at them and the police had fired. 63.     Officer Brons had pointed out a silver-coloured pistol lying on the ground close to the man. Officer Bultstra had been administering first aid. Officer Van Dongen had not been able to see any injury. He had had to keep his distance from the man because of the dog. 64.     The man on the ground fitted the description given of the person who had stolen the scooter. There had been a red scooter in the doorway of the building and so Officer Van Dongen had understood that this was the person suspected of having committed the robbery. 65.     Officer Van Dongen had heard Officer Brons notify the local health authority and the police superintendent on duty. Officer Van Dongen had guarded the area until the arrival of the criminal investigators ( recherche ) and the forensic experts. He had stayed on the spot until they had finished and had returned to the police station at midnight. (h)     Police Officer Klaas Boonstra, questioned on 20 July 1998 66.     Police Officer Boonstra, a police officer serving a one-year apprenticeship and based at Remmerdenplein police station, was interviewed by Detective Sergeant Dolman. 67.     Officer Boonstra had been assigned, together with Police Officer Bas Dekker, to patrol the Kwakoe festival, their task being to observe and to maintain a preventive presence. At a certain moment, a Hindustani [1] male had come running up to them and had beckoned them to follow him. Because the Hindustani had given the impression that something was the matter, they had followed him. While running he had told Officer Dekker what the matter was. Officer Boonstra had been following at a distance of about ten metres. 68.     Officer Boonstra had heard on his two-way radio that a scooter had been stolen. It had not been immediately clear to him that the scooter belonged to the Hindustani. 69.     At one point they had seen the scooter thirty metres ahead of them, being ridden slowly. Officer Dekker had told Officer Boonstra that that was the scooter which had been stolen. The person riding the scooter had noticed the police officers but instead of stopping, had increased speed. While moving in the direction of the Huigenbos building, they had heard it reported on the two-way radio that there had been a shooting. They had not immediately linked the shooting to the stealing of the scooter. Still accompanied by the Hindustani, they had continued in the direction of the Huigenbos building, where they had noticed three or four police cars. The Hindustani had recognised his scooter. (i)     Najima Boujedaine, questioned on 21 July 1998 70.     Ms Boujedaine was interviewed by Senior Police Officers Petrus Wilhelmus Marinus Leerkes and Anthonius Petrus Lof, both of the Amsterdam/Amstelland police force. 71.     Ms Boujedaine worked as chief cashier at a Burger King restaurant located on the Leidseplein in Amsterdam. On 19 July 1998 she had been on the night shift, from 6.30 p.m. until 5 a.m. the following day. 72.     She had noticed the presence of a particular youth from 6.30 p.m. onwards. She described him as being of Surinamese or Antillean descent, eighteen years old, bald-headed with two golden teeth, dressed in a black tee-shirt and trousers and black shoes and wearing a golden chain around his neck. From 7.30 p.m. onwards she had noticed him distracting one of the cashiers, a young woman called Nancy. 73.     Taken to task for failing to concentrate on her work, Nancy had explained to Ms Boujedaine that the youth was her boyfriend. The youth had reacted angrily, telling Ms Boujedaine to go easy on Nancy or else. 74.     After having told Nancy, jokingly, that she might have to stay a little longer, Ms Boujedaine had seen the youth staring at her fixedly. This had frightened her, but she had not wished to show fear. Just before she had turned round to draw a soft drink she had seen his right hand move towards the band of his trousers. 75.     Ms Boujedaine’s sister Mimount (or Mimout), who also worked at that restaurant, had then said: “Najima, he was aiming a pistol at you!” Ms   Boujedaine had turned round and had seen the youth stick something down the band of his trousers. Mimount had later described the pistol as a small silver-grey model known as a “ladykiller”. 76.     A Surinamese girl had then asked the youth a question in her own language and he had replied. She had then told Ms Boujedaine that she had asked the youth whether he was carrying a pistol, to which he had replied in the affirmative. 77.     The youth had looked as though he might have been smoking cannabis, but Ms Boujedaine could not be sure of that. 78.     He had continued to bother Nancy in her work. He had left several times and come back. At one point he had returned on a brand new silver-grey scooter. 79.     The youth had struck up a conversation with Ms Boujedaine in which he had indicated that he wanted to clear out the safe after closing time; he had wanted her to give him the codes for the safe. In the course of this conversation he had been eyeing the drawers of the cash registers. 80.     Several times he had repeated that it was already 9 p.m. and Ms   Boujedaine should close Nancy’s cash register. 81.     Ms Boujedaine had felt uncomfortable and frightened, particularly after the youth had indicated his intention to wring the manager’s neck. 82.     The youth had become angry again at 9 p.m., when Ms Boujedaine had terminated the conversation. Ms Boujedaine had then locked up Nancy’s cash register and secured the tray. She had seen him and Nancy leave at around 9.30 p.m., on the scooter on which he had arrived earlier. (j)     Ronald de Getrouwe, questioned on 22 July 1998 83.     Mr de Getrouwe had come forward after hearing of the shooting at the Huigenbos building. He wished to report having been threatened. His statement was taken by Detective Sergeant Dolman. 84.     On Sunday, 19 July 1998 at 8.15 p.m. he had been on the Kwakoe festival ground with his wife and some friends. There had been a group of youths behind them, one of whom had been seated on a scooter or moped ( bromfiets ). Mr de Getrouwe described the vehicle as having a blue fairing. At one point the youth had started the engine and repeatedly opened the throttle, releasing large quantities of exhaust gas. This had given rise to complaints from Mr de Getrouwe’s group. Mr de Getrouwe himself had then gone up to the youth and asked him either to ride off or to turn off his engine, because he was poisoning everyone with his noxious fumes. The youth had turned off the engine and approached Mr de Getrouwe, saying: “You’re smoking [a cigarette], you’re going to die too.” Mr de Getrouwe had thought that the youth wanted to discuss the matter like a reasonable person. Instead, the youth had taken a small metal-coloured pistol out of his right-hand trouser pocket and said: “Nobody’s going to tell me what to do. I do as I please, we’re all going to die anyway.” 85.     Mr de Getrouwe’s wife, greatly upset by the sight of the pistol, had pulled Mr de Getrouwe away. The youth had got back onto the scooter. 86.     None of the bystanders, who had been numerous, had offered any assistance. They had clearly been deterred by the sight of the pistol. (k)     Sanchaai Kumar Bhondoe, questioned on 22 July 1998 87.     Mr Bhondoe was questioned by Senior Police Officer Lof of the Amsterdam/Amstelland police force. 88.     On Sunday 19 July 1998, between 8.30 p.m. and 10 p.m., he had been at the Kwakoe festival in the company of his sister and his friend Vinod. He had left them to fetch something to drink for the three of them. He had heard shouting, and he had seen Vinod run towards some police officers present. He had run after Vinod and asked him what the matter was. Vinod had answered that he would tell him later. He had found his sister in tears and asked her what had happened. She had told him how Vinod had been forced at gunpoint to hand over his scooter. 89.     Mr Bhondoe’s sister had taken fright and had fled to Utrecht. Friends of the thief were out looking for Vinod, who was planning to go into hiding. (l)     Najima Boujedaine, questioned on 23 July 1998 90.     Ms Boujedaine was questioned a second time, this time in her own home, by Senior Police Officers Petrus Wilhelmus Martinus Leerkes and Piet Wouda of the Amsterdam/Amstelland police. 91.     She indicated that she was afraid of reprisals by the youth’s family and asked the police officers to remove her statement from the file. 92.     Ms Boujedaine’s sister Mimout (or Mimount), who had witnessed the events in the Burger King restaurant on the Leidseplein, felt the same way. This had made the police officers decide not to question her. C.     The investigation by Detective Chief Superintendent Van Duijvenvoorde of the State Criminal Investigation Department 93.     Detective Chief Superintendent of the State Criminal Investigation Department ( hoofdinspecteur van politie-rijksrecherche ) Van Duijvenvoorde was put in charge of the investigation. He drew up a report of his actions and findings and took the statements summarised below. 94.     Detective Chief Superintendent Van Duijvenvoorde’s investigation report states that after 1.30 p.m. on 20 July 1998 the Amsterdam/Amstelland police force only carried out investigations at the request of the State Criminal Investigation Department “in the periphery of Moravia Ramsahai”. 1.       Statements taken by Detective Chief Superintendent Van Duijvenvoorde (a)     Petrus van den Heuvel, questioned on 21 July 1998 95.     Supplementing his earlier statement, Mr van den Heuvel, now interviewed by Detective Chief Superintendent Van Duijvenvoorde, described what he had seen from the fifth-floor walkway of the high-rise building. He had seen a uniformed police officer running towards the doorway. He had seen a coloured male go to meet the policeman from the doorway. This man had been walking very slowly, at snail’s pace. The police officer had wanted to grab hold of the man, by his left arm, as it appeared to Mr van den Heuvel. The coloured man had made a gesture as if to repulse the police officer. He had hit the police officer, knocking him off balance somewhat, which enabled the coloured man to pass. After he had passed the police officer, the coloured man had drawn a pistol or a revolver, a firearm at any rate, which he had held in his right hand. He had held his arm slanted downwards, thus pointing the pistol towards the ground, and had tried to continue on his way. Mr van den Heuvel had not seen the police officers draw their pistols. Feeling threatened by the pistol which the coloured man had drawn and not wishing to be hit by a stray bullet, he had dived for cover. He had therefore not witnessed the actual shooting, but he had heard shouts of “Drop it” several times. (b)     Police Officer Brons, questioned on 22 July 1998 96.     Officer Brons, by then under investigation as a suspected perpetrator of a criminal act, was interviewed by Detective Chief Superintendent Van Duijvenvoorde in the afternoon of 22 July 1998. The lawyer retained for him and Officer Bultstra, Mr van Kleef, was present. 97.     Officer Brons had joined the Amsterdam municipal police ( gemeentepolitie ), as it existed at the time, in 1984. He had been promoted to operational police officer ( agent ) in 1985 and had been based at Flierbosdreef station from the beginning. He had been promoted to the rank of sergeant on 1 February 1996. He was a specialist in road safety. 98.     Officer Brons and Officer Bultstra had completed some assignments and had been on their way back to the police station. They were in a marked police car, with Officer Brons driving. They had then received the radio call about the theft of the scooter. They had been told the make of the scooter and its colour and had been given a summary description of the thief and the direction in which he had fled. They had not been told that he was armed. 99.     Driving in the direction reported, Officers Brons and Bultstra had seen a scooter and a driver fitting the description given them turning into the doorway of a lift in the Huigenbos block of flats. This had surprised them, because they would have expected him to try and evade arrest on noticing that he was being followed by a marked police car. 100.     Officers Brons and Bultstra had agreed that Officer Bultstra would go after the thief while Officer Brons parked the car. Officer Bultstra had run towards the doorway holding a two-way radio. When Officer Bultstra was at a distance of between twenty and twenty-five metres from the doorway, the thief had emerged and run for a short distance. He had stopped and raised his hands when he had seen Officer Bultstra and shouted something unintelligible. Officer Bultstra had taken hold of the thief with both hands and had tried to turn him towards the building. The thief, however, had resisted. Officer Bultstra had shouted something to him which Officer Brons had been unable to understand. Officer Brons had understood that the thief would not come quietly and that Officer Bultstra needed help; he had therefore left the car and run towards them. He had reached a point about five or seven metres from the thief when the thief managed to tear himself loose and ended up at a distance of about three metres from Officer Bultstra. Suddenly Officer Brons had seen the thief holding a silver-coloured weapon which he had not seen him draw. It was a small pistol and it was pointed towards the ground. Officer Brons had not seen whether or not the pistol was cocked. It had seemed to him that Officer Bultstra had also seen the pistol, because Officer Bultstra had stepped backwards, drawing his service pistol and adopting a defensive posture. He had heard Officer Bultstra shouting “Drop that weapon. Don’t be silly, man.” ( “Laat vallen dat wapen. Doe nou normaal man.” ) at least twice. The thief had not reacted by dropping his pistol, much to the surprise of Officer Brons seeing that Officer Bultstra had him