The representative of the MEP faction expressed support for the manifesto submitted by former minister Otmar Oduber, reaffirming that their party’s position aligns with efforts to introduce greater legal safeguards and prevent unequal treatment in investigations against politicians within the Kingdom of the Netherlands.
It was recalled that during the MEP administration two years ago, Article 476 of the Code of Criminal Procedure (Wetboek van Strafvordering) was amended to incorporate additional safeguards. These include requiring that a Prosecutor General (PG) personally decide on initiating an investigation against a politician, as well as obtaining approval from the High Court of Justice (Hof) prior to prosecution or issuing a summons (dagvaarding). However, the faction pointed out that a serious issue remains regarding the duration and timeline of these investigations.
A clear example was provided on how authorities operate differently between Aruba and the Netherlands. While in Aruba a cabinet was forced to step down due to suspicions regarding foundation funds, in the Netherlands a politician facing a similar investigation was subsequently appointed as a minister. “When you measure with double standards, it logically leads to these types of discussions.”
MEP supported the amendment submitted in December of last year and expressed regret that the Government has not yet executed it. It was explained that at the time, the proposal received backing because Minister Geoffrey Wever promised he was working on a similar law, but the faction hopes this will not remain a mere promise and will instead materialize into something concrete.
It was emphasized that an individual can remain labeled as a suspect for 3 to 4 years during an investigation before reaching the Court. This is further exacerbated when integrity regulations demand that a minister resign the moment they become a suspect, creating an excessively long period lacking legal certainty (rechtszekerheid) that devastates the individual’s personal and professional life.
MEP faction leader Evelyn Wever-Croes clarified that this step is neither an attack on the Public Prosecutor’s Office nor a matter of political bias. On the contrary, establishing clear and objective legal safeguards serves to protect the Public Prosecutor’s Office itself against accusations of political persecution or doubts regarding its impartiality.
The MEP faction leader confirmed that they will take close note of the document submitted by Oduber and will continue evaluating, reviewing, and strengthening Article 476 of the Code of Criminal Procedure to ensure a fair process for everyone.