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In a peppered letter to the management of the EBI, lawyer Sander Janssen expressed his dissatisfaction this week with the decision that lawyers are no longer allowed to use data carriers.
Janssen’s letter is a response to a letter from the EBI to lawyers with clients in the highest-security prison in the Netherlands. The letter stated that bringing in laptops or USB sticks is no longer allowed for ‘security reasons’.
“It is a decision of the management of the Extra Secure Institution (EBI) in Vught, which is authorized to do so. For security reasons, the management has decided that it is not responsible to allow laptops and tablets in the EBI, where the highest security regime applies. Lawyers can still just visit and call their client. Detainees can have their own special laptop at their disposal to read the digital file,” is the response of outgoing Minister of Legal Protection Dekker to De Telegraaf.
Arrest lawyer Taghi
The decision of the management of the EBI followed shortly after the arrest of lawyer Youssef Taghi, who, according to justice, acted as a conduit for detainee Ridouan Taghi. Youssef is still in custody. According to the Public Prosecution Service, he discussed a violent outbreak attempt and drug trafficking with his cousin Taghi.
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Lawyer Sander Janssen says that this decision could lead to lawsuits being postponed.
Ⓒ ANP/HH
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“Apart from ‘safety’, the letter from the EBI contains no explanation of this decision. Has anyone in the EBI made any withdrawals? Was something smuggled? Our work will become virtually impossible if we are no longer allowed to take a laptop with us”, says Janssen, who has three clients in the EBI: in addition to the ‘Mocro-mafia’ leaders Omar L. and Benaouf A., this is Willem Holleeder.
“I have received an addition of 60,000 pages to the criminal file for the appeal from Omar L.. I need to discuss those documents with my client. How does Vught envision that? That I print everything out and take it under my arm? That just can not be. This decision can ensure that lawsuits are postponed,” says Janssen.
He assumes that Minister Dekker of Legal Protection is responsible for the decision. “It is the umpteenth Pavlov reaction from The Hague. These kinds of ill-considered measures do not solve problems and, ironically, always come at the expense of the legal protection that this minister is supposed to strengthen.”
Digital era
His colleague Leon van Kleef is assisting Rico ‘De Chileen’ R. and Khalid J. from the EBI. Van Kleef also does not understand the decision. “Come on. We live in the digital age. We can’t just go in with paper, can we? I can prepare part of a criminal case at home, but a significant part of the defense comes from brainstorming with my client. Then you must be able to view all documents. For example, I get a USB stick from the Public Prosecution Service with 70,000 files. You really should take that with you to the EBI as a USB stick. Making a printout is impossible.”
Van Kleef criticizes the fact that lawyers cannot complain to the management of Vught against the decision. “Only inmates can do that. We have expressed our dissatisfaction with the Bar Association and the Association of Criminal Lawyers. They are already working on it.”
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