Netherlands: JWs prevail in Bethel raids and shunning cases

by Corney 3 Replies latest watchtower beliefs

  • Corney
    Corney

    This week, it was revealed that the organization had won, at least so far and partially, two significant cases.

    First, the Overijssel district court declared that many items seized during the 2018 Bethel raids contain privileged information, which the Public Prosecution Service no longer contests. This applies, in line with the Supreme Court judgement, to "all seized documents that, according to the complainants, fall under the right of non-disclosure ... and that contain information relating to information shared with elders in trust in the context of pastoral care, including information relating to the religious judicial committees"; apparently, 15 million electronic files the prosecution was unable to provide for judicial examination are also considered privileged. The documents have already been returned, their copies are to be destroyed until 1 November. It also appears that the court refused to assess whether the raids were legal.

    Second, the Public Prosecution Service has refused, based on "the conclusion that no criminal offense has been committed", to open criminal investigation over JW shunning policies.

  • Mum
    Mum

    Probably someone will have to die because some JW was shunning a person who needed immediate medical intervention (or something similar) before the court will realize the criminality of shunning.

  • Corney
    Corney

    More details available regarding the Bethel raid docs - another decision has recently been published. It's hard to decipher machine-translated legalese, but apparently all seized documents - except certain BOE letters and other general instructions that does not contain any personal information (see section 2.11) - are considered privileged now and therefore excluded and returned.

  • Phizzy
    Phizzy

    Thanks Corney , I guess "privileged" only in the sense of priest/penitent relationship. I am not sure how strong that is under Dutch Law, but here in the U.K there is no legal priest/penitent privilege of a special nature, that went with the Reformation. So anything pertinent in seized documents in the U.K could be used in a legal Prosecution.

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