CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 15 mai 2007

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margin-left:17pt; margin-bottom:12pt; text-indent:-17pt; text-align:justify } .sB890D581 { margin-top:36pt; margin-left:14.2pt; margin-bottom:12pt; text-indent:-14.2pt; page-break-inside:avoid; page-break-after:avoid } .sA456029A { width:14.2pt; text-indent:0pt; display:inline-block } .sC438B61C { width:190.76pt; text-indent:0pt; display:inline-block } .s3A253A10 { width:190.77pt; text-indent:0pt; display:inline-block } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s75AF5381 { font-family:Arial; font-size:8pt; display:none } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }     GRAND CHAMBER             CASE OF RAMSAHAI AND OTHERS v. THE NETHERLANDS   (Application no. 52391/99 )                     JUDGMENT       STRASBOURG   15 May 2007         In the case of Ramsahai and Others v. the Netherlands, The European Court of Human Rights, sitting as a Grand Chamber composed of:   Jean-Paul Costa, President ,   Luzius Wildhaber,   Christos Rozakis,   Nicolas Bratza,   Peer Lorenzen,   Loukis Loucaides,   Ireneu Cabral Barreto,   Nina Vajić,   Snejana Botoucharova,   Antonella Mularoni,   Stanislav Pavlovschi,   Elisabet Fura-Sandström,   Khanlar Hajiyev,   Dean Spielmann,   Danutė Jočienė,   Dragoljub Popović, judges ,   Wilhelmina Thomassen, ad hoc judge , and Michael O’Boyle, Deputy Registrar , Having deliberated in private on 18 October 2006 and on 21 February 2007, Delivers the following judgment, which was adopted on the last-mentioned 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, Mrs 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). Egbert Myjer, the judge elected in respect of the Netherlands, withdrew from sitting in the case (Rule 28). The Government accordingly appointed Wilhelmina 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, a Chamber of that Section declared the application admissible. 7.     On 10 November 2005 the Chamber, composed of Boštjan M.   Zupančič, President, John Hedigan, Lucius Caflisch, Margarita Tsatsa-Nikolovska, Vladimiro Zagrebelsky, Davíd Thór Björgvinsson, judges, and W ilhelmina Thomassen, ad hoc judge, and Vincent Berger, Section Registrar, delivered a judgment (“the Chamber judgment”) in which it held, by a majority, that there had been a violation of Article 2 of the Convention in respect of failings in the investigative procedures concerning the death of Moravia Ramsahai; unanimously, that there had been no violation of Article   2 of the Convention for the remainder; unanimously, that Article 6 of the Convention was not applicable; and unanimously, that there was no separate issue under Article 13 of the Convention. The partly dissenting opinion of W ilhelmina Thomassen and Vladimiro Zagrebelsky was annexed to that judgment. 8.     In a letter of 9 February 2006, the Government requested, in accordance with Article 43 of the Convention and Rule 73, that the case be referred to the Grand Chamber. A panel of the Grand Chamber accepted that request on 12 April 2006. 9.     The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24. On 19 January 2007 Luzius Wildhaber’s term as President of the Court came to an end. Jean-Paul Costa succeeded him in that capacity and took over the presidency of the Grand Chamber in the present case (Rule 9 § 2). 10.     The Government, but not the applicants, filed a memorial on the merits. The applicants referred to their submissions in the proceedings before the Chamber. 11.     A hearing took place in public in the Human Rights Building, Strasbourg, on 18 October 2006 (Rule 59 § 3). There appeared before the Court: (a)     for the Government Mr   R.A.A. Böcker ,   Agent , Mr   M. Kuijer, Ms   T. Dopheide ,   Advisers ; (b)     for the applicants Mr   G.P. Hamer,   Counsel , Ms   M. Van Delft ,   Co-Counsel .   The Court heard addresses by Mr Hamer, Mr Böcker and Mr Kuijer as well as their replies to questions put by judges. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 12.     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”), deceased. They were both born in 1938. They were their grandson’s guardians until he reached his majority at the age of 18. The third applicant, Mr Ricky Moravia Ghasuta Ramsahai, born in 1960, is the father of the late Moravia Ramsahai. 13.     Moravia Ramsahai was born on 6 December 1979. He died on 19   July 1998. A.     The circumstances of the case 1.     The circumstances surrounding Moravia Ramsahai’s death and subsequent events 14.     On 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, one Mr   Vinodkumar Hoeseni, at gunpoint to give up his vehicle. Having gained control of the scooter, he then made off with it. 15.     Mr Hoeseni notified two police officers patrolling on foot, who reported the theft to the duty police officer at Flierbosdreef police station by radio. The duty police officer in turn alerted police patrolling in the area. In the meantime Mr Hoeseni and the two police officers had set off in pursuit of Moravia Ramsahai and the scooter but failed to catch him. 16.     Afterwards it was a matter of controversy between the two police officers and Mr Hoeseni whether Mr Hoeseni had mentioned the fact that Moravia Ramsahai had a firearm. Mr Hoeseni stated that he had given this information but had been misheard. The two police officers stated that they had been unaware of it and so had not been able to pass on this information to the police station. 17.     Some five minutes later, two uniformed police officers, Officers Brons and Bultstra, patrolling in a marked police car, saw a scooter being driven by a person 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. There was a brief struggle from which Moravia Ramsahai was able to extricate himself. 18.     Officer Bultstra saw Moravia Ramsahai draw a pistol from his trouser belt. Officer Bultstra then dropped a two-way radio which he had been holding in his hand, drew his service pistol and ordered Moravia Ramsahai to drop his weapon. Moravia Ramsahai failed to do so. Officer Brons, the driver of the patrol car, then approached. It was stated afterwards that Moravia Ramsahai raised his pistol and pointed it in the direction of Officer Brons, who also drew his service pistol and fired. Moravia Ramsahai was hit in the neck. 19.     The confrontation between Moravia Ramsahai and Officers Brons and Bultstra was observed from nearby by only a single witness, Mr Petrus van den Heuvel, who was able to follow the incident from the fifth-floor walkway of the Huigenbos building. However, when he saw pistols being drawn, Mr Van den Heuvel dived for cover behind the parapet; he therefore did not see the shot fired. 20.     Several other people witnessed the confrontation and the shooting from a distance of at least fifty metres. None of these witnesses subsequently reported seeing Moravia Ramsahai’s pistol. 21.     At 10.03 p.m. one of the two police officers, later stated to have been Officer Brons, radioed Flierbosdreef police station to say that he had shot someone and asked for an ambulance to be sent. 22.     When the ambulance arrived on the scene, at approximately 10.15   p.m., the ambulance crew declared Moravia Ramsahai already dead. 23.     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, who offered comfort and support. Subsequently, the applicants alleged, 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. ”) 24.     The Amsterdam coroner ( lijkschouwer ) viewed Moravia Ramsahai’s body before it was removed. In his report to the public prosecutor, he expressed the provisional opinion that the cause of death had been a shot from a firearm injuring vital neck organs or structures. 25.     Officers Brons and Bultstra were back on duty a few days after the incident. 2.     Investigative measures by the Amsterdam/Amstelland police force 26.     Local police arrived on the scene, cordoned off the scene of the shooting and took the names of Mr Van den Heuvel and others who had witnessed the confrontation. 27.     Forensic experts from the Amsterdam/Amstelland police force secured evidence, mainly in the form of photographs, which was afterwards added to the investigation file. They found the bullet, which had passed through Moravia Ramsahai’s body and had destroyed a glass window but which had left no other mark, and Moravia Ramsahai’s pistol, which had been loaded and ready to fire. 28.     Later that night a special operations unit ( Mobiele Eenheid , “Mobile Unit”) of the Amsterdam/Amstelland police questioned all residents of the Huigenbos building whom they found at home. In one flat there was a 12 ‑ year-old girl, Miss Sangeeta Edwina Pamela Mungra, who stated that when she had taken the lift down to the ground floor the door of the lift 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 fired my weapon.” She had seen a male victim lying on the ground. 29.     Over the following days, officers of the Amsterdam/Amstelland police force took various witness statements, which are summarised below. (a)     Mr Hoeseni 30.     Mr Vinodkumar Hoeseni reported the theft of his scooter to the Amsterdam/Amstelland police on 19 July 1998. 31.     Mr Hoeseni had purchased the scooter earlier that week. On the night of 19 July 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’ll shoot you, I’ll 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 policemen he saw. 32.     Mr Hoeseni had told one of them 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 present had gone after the thief, but he had ridden off. 33.     Mr Hoeseni had later heard, on the police officers’ two-way radio, that the scooter had been found. Together with the police officers he had gone and identified it as his. (b)     Ms Bhondoe 34.     Ms Anita Andjiedewie Bhondoe, Mr Hoeseni’s girlfriend, was questioned on 19 July 1998. She had gone with her brother to the Kwakoe festival, where she had met Mr Hoeseni. Mr Hoeseni had just bought a new scooter. Ms Bhondoe’s brother had gone to fetch something to drink for the three of them. After about fifteen minutes she and Mr Hoeseni had been approached by a youth whom she had noticed looking at her and the scooter. The youth had said to Mr Hoeseni: “Get off, get off” (“ Stap af, stap af ”) and had pressed an object resembling a firearm against Mr Hoeseni’s stomach. She had thought at first that this was a friend of Mr Hoeseni’s playing a prank, but realised from the latter’s facial expression that this was not the case. 35.     She had prevailed on her boyfriend 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 ”). Mr Hoeseni had then run off to get help, whilst the youth bump-started the scooter and made off with it. Mr Hoeseni had returned with two police officers and the three of them had set off in pursuit of the youth on the scooter. Ms Bhondoe had joined them for a while 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. Mr Hoeseni had told them that the youth had been caught and that the police had shot him. (c)     Mr Van den Heuvel 36.     Mr Petrus van den Heuvel was questioned on 19 July 1998. He stated that he lived on the fifth floor of the Huigenbos building. 37.     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. 38.     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 was not pointing it in any particular direction, but had not dropped it either. All this happened very quickly, perhaps in less than half a minute. 39.     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. 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 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 him. 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)     Officer Dekker 40.     Police Officer Bas Dekker was questioned on 20 July 1998. At around 10.05 p.m. the night before, he had been patrolling the Kwakoe festival with Officer Boonstra. 41.     Officer Dekker 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 scooter’s insurance papers and indicated the direction in which the thief had made off with the scooter. 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. 42.     The thief had managed to start the scooter as they caught sight of him. They had continued running but the scooter had been going too fast. Officer Dekker had radioed through his own description of the scooter and its rider, the possible directions in which they might have gone and the 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. 43.     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. 44.     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. (e)     Officer Braam 45.     Police Officer Paulus Antonius Braam was questioned on 20 July 1998. His work consisted of, among other things, monitoring and dealing with two-way radio traffic. 46.     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 to say 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 more than an “ordinary” theft of a scooter. 47.     As the officer was 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. 48.     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. 49.     Four or five minutes later, perhaps less, Officer Braam had heard Officer Bultstra saying: “The suspect has been shot, I need an ambulance.” Again, Officer Bultstra had sounded calm and professional. Officer Braam had then called for the appropriate services. 50.     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)     Officer Van Daal 51.     Police Officer Renate Quirina van Daal was questioned on 20 July 1998. 52.     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. 53.     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. 54.     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 one of the doorways of the Huigenbos building. 55.     Superintendent Sikking had called by radio: “All right boys, everyone go to Huigenbos” (“ Jongens met z’n allen naar Huigenbos ”). 56.     Very shortly afterwards Officer Bultstra had said: “I need an ambulance, I fired my weapon” (“ Ik heb geschoten ”). Superintendent Sikking had asked him to repeat that. Officer Bultstra had repeated: “I fired my weapon.” Most of the police officers present had then gone out and Officers Van Daal and Braam had contacted the appropriate emergency services. 57.     Officer Van Daal had later heard Officer Brons say that the ambulance was needed urgently because the suspect was in a very bad way. 58.     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 the shot. (g)     Officer Van Dongen 59.     Police Officer Bruin Jan van Dongen was questioned on 20 July 1998. He was a police-dog handler whose duty station was Flierbosdreef police station. He had been on duty the previous night, with his police dog. 60.     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. 61.     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. 62.     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. 63.     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 Officer Brons coming towards him. He had seen Officer Bultstra kneeling near the head of a man who was lying flat on the ground. 64.     He had asked Officer Brons what had happened. Officer Brons had replied that a shot had been fired. Officer Van Dongen had asked who had fired the shot. Officer Brons had replied that a pistol had been aimed at them and the police had fired. 65.     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. 66.     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 theft. 67.     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 scene until they had finished and had returned to the police station at midnight. (h)     Officer Boonstra 68.     Police Officer Klaas Boonstra was questioned on 20 July 1998. He 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 some point, 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. 69.     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. 70.     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 his 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)     Ms Boujedaine 71.     Ms Najima Boujedaine was questioned on 21 July 1998. She 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.     Ms Boujedaine had noticed the presence of a particular youth from 6.30 p.m. onwards. She described him as being of Surinamese or Antillean descent, 18 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 telling 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 around to pour 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 pointing a pistol at you!” Ms   Boujedaine had turned around and 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 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)     Mr De Getrouwe 83.     Mr Ronald de Getrouwe had come forward after hearing of the shooting at the Huigenbos building. He was questioned on 22 July 1998. He wished to report having been threatened. 84.     On Sunday 19 July 1998 at 8.15 p.m. he had been at the Kwakoe festival site 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 fumes. 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 him 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)     Mr Bhondoe 87.     Mr Sanchaai Kumar Bhondoe, the brother of Mr Hoeseni’s girlfriend, was questioned on 22 July 1998. 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 Mr Hoeseni. He had left them to fetch something to drink for the three of them. He had heard shouting, and he had seen Mr Hoeseni run towards some police officers present. He had run after Mr Hoeseni and asked him what the matter was. Mr Hoeseni 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 Mr Hoeseni had been forced at gunpoint to hand over his scooter. 3.     The investigation by Detective Chief Superintendent Van Duijvenvoorde of the National Police Internal Investigations Department 89.     Detective Chief Superintendent of the National Police Internal Investigations Department ( hoofdinspecteur van politie-rijksrecherche ) Van Duijvenvoorde was put in charge of the investigation. His investigation report states that after 1.30 p.m. on 20 July 1998 the Amsterdam/Amstelland police force only carried out investigations “in the periphery” of Moravia Ramsahai at the request of the National Police Internal Investigations Department. He reported his findings to Public Prosecutor De Vries, who was the public prosecutor in charge of criminal investigation work carried out at Flierbosdreef police station. 90.     Detective Chief Superintendent Van Duijvenvoorde took statements from a number of witnesses, including some already questioned by officers of the Amsterdam/Amstelland police. These are summarised below. (a)     Mr Van den Heuvel 91.     Mr Petrus van den Heuvel was questioned a second time on 21 July 1998, this time by Detective Chief Superintendent Van Duijvenvoorde. 92.     Supplementing his earlier statement, Mr Van den Heuvel 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 a 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 push away the police officer. He had hit the police officer, knocking him off balance somewhat, which enabled the coloured man to pass. 93.     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)     Officer Brons 94.     Officer Brons, by then under investigation as a suspected perpetrator of a criminal act, was questioned under caution 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. 95.     Officers Brons and 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. 96.     Driving in the direction reported, Officers Brons and Bultstra had seen a scooter and a driver fitting the description given to 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. 97.     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. 98.     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. 99.     The thief had not reacted by dropping his pistol, much to the surprise of Officer Brons seeing that Officer Bultstra had him covered. Given that the thief was armed and apparently had no intention of doing as he was told, Officer Brons had considered that Officer Bultstra was under threat. He had considered it highly possible that the thief would use his weapon against Officer Bultstra. He had been completely focused on the thief. He had seen only the thief, holding a pistol with his finger on the trigger. At that point Officer Brons had not yet considered it necessary to draw his own service pistol because the thief was covered by Officer Bultstra. His hand had been close to, but not on, the holster. 100.     Officer Brons had then seen the thief turn to the right, towards him, and turn the front of his body in his direction at a distance of five to seven   metres. He had seen the thief raise his pistol and point it in his direction. Afraid that the thief would fire at him, Officer Brons had drawn his pistol from its holster with lightning speed ( bliksemsnel ) and had immediately fired one shot at the thief. He had had no time to aim at any particular part of the body. He remained convinced that if he had not fired first, the thief would have shot him. 101.     Officer Brons had thought at the time that he had hit the thief high in the chest. Only later had he learned that he had hit the thief in the neck. The thief had remained on his feet for a short while longer; he had then tottered and collapsed, dropping the pistol. He had tried to stand up, milling his arms about. Officer Brons had pushed the thief’s pistol away with his foot to prevent him from grabbing it. 102.     Officer Bultstra had approached the man as he lay on the ground. Seeing that the thief was no longer a threat, he had put his pistol away. 103.     Officer Brons had contacted the police station by two-way radio and had asked for the intervention of the local health authority ( Gemeentelijke Geneeskundige en Gezondheidsdienst ). Feeling that they were taking a long time to arrive, he had again called the police station and asked them to hurry up. 104.     Officer Bultstra had concerned himself with the victim. As for Officer Brons, he had removed himself from the scene. He had seen a man trying to enter the doorway and had asked him not to do so because the area had to be cordoned off for investigation. 105.     Officers Brons and Bultstra had been taken back to the police station by a fellow officer. Officer Brons had handed in his pistol there. Officers Brons and Bultstra had received assistance and comfort from fellow officers and superiors and had been informed about the further procedure. 106.     Officer Brons had only fired once. It had never been his intention to shoot to kill but only to end the life-threatening situation. He felt that he had had no choice. He greatly regretted that the thief had died. (c)     Officer Bultstra 107.     Like Officer Brons, Officer Bultstra was interviewed by Detective Chief Superintendent Van Duijvenvoorde on 22 July 1998 in the presence of the lawyer Mr Van Kleef. 108.     He and Officer Brons had been on their way back to Flierbosdreef police station after completing an assignment when they had received word by two-way radio that another policeman was pursuing on foot a thief who had just stolen a scooter. They had heard the description of the scooter and the thief, and the direction the thief had taken. It had not been mentioned that the thief was armed. They had then gone to intercept the thief. 109.