In the Netherlands: Jehovah's witnesses a "paradise for pedophiles" - report

[Palinurus]

Source: Court halts prosecution in Jehovah's Witnesses abuse case due to confidentiality breach

Tuesday, 15 August 2023 - 21:30

Court halts prosecution in Jehovah's Witnesses abuse case due to confidentiality breach​

The Public Prosecution Service (OM) can no longer prosecute a man suspected of abuse of a minor within the Jehovah's Witness community. The OM improperly used confidential information in the criminal investigation, the court in Zwolle ruled on Tuesday in an interim judgment.

The 48-year-old man from Assen is accused of having committed indecent acts on an 8-year-old victim in 2016. In the context of the investigation into the alleged sexual abuse, investigators raided the headquarters of the church organization in Emmen, several homes of religious elders, and the religion's Kingdom Halls in Assen and Dordrecht in 2018. The OM searched for documents from judicial committees organized by Jehovah's Witnesses when a member of the religious community is accused of child sexual abuse.

These documents are confidential and are protected by the privilege of non-disclosure, similar to the privilege that applies to doctors. The Jehovah's Witnesses filed a lawsuit accusing the government of ignoring the legal privilege of religious servants.

An investigative judge previously ruled that these documents should be removed from the case files. While some documents were removed, the Overijssel court determined that the file still contained confidential information. It included transcriptions of wiretapped conversations with the elders, letters from the accused to the elders, and their responses.

According to the court in Zwolle, not only were the rights of the accused violated, but this also undermined "trust in the entire judicial system." The court observed "serious, large-scale, and persistent breaches of regulations" by the OM. The court ruled that citizens must trust that their discussions with confidential informants remain secret. Declaring the OM inadmissible in the criminal prosecution of the accused is the only appropriate conclusion, the court ruled on Tuesday.

Attorney Maurits Jansma described the verdict as clear-cut, noting, "This has effectively become the final judgment." He believes there was a deliberate search for information from so-called confidants, the church community's trusted representatives. "I've never encountered this before. This shouldn't have been allowed." His client, who once worked at the OM, is still processing the ruling, the attorney said.

As of Tuesday, the Public Prosecution Service had not yet commented on the ruling.

 

[Palinurus]

Source: Jehovah’s Witnesses expelled a member for criticising child sex abuse policy

Thursday, 7 December 2023 - 14:30

Jehovah’s Witnesses expelled a member for criticising child sex abuse policy​

The Jehovah’s Witnesses expelled one of their members from the church community because he criticized how the community deals with the sexual abuse of children, Trouw reports (in Dutch; registration required). The member involved is Bart van Gasteren from Oss, who tried to improve the position of sexual abuse victims from inside the Jehovah’s Witnesses, according to the newspaper.

Van Gasteren himself told Trouw that his persistent criticism of the sexual abuse policy was the direct reason for his expulsion. Underlying documentation shows that Van Gasteren criticized the business policy internally for years. Another church member confirmed this to Trouw.

The Jehovah’s Witnesses acknowledged that Van Gasteren was no longer a member but denied that it had anything to do with his criticism. The religious organization did not tell Trouw why it expelled Van Gasteren.

The religious organization has always claimed that it encourages sexual abuse victims to file a police report. But, according to critical members, there is a culture within the Jehovah’s Witnesses to distrust the “secular authorities,” and abuse cases are almost always handled internally. Utrecht University concluded in a study in 2020 that how the Jehovah’s Witnesses handle sexual abuse is very traumatic for the victims.

Reclaimed Voices, an organization that represents sexual abuse victims within the Jehovah’s Witnesses, called Van Gasteren’s expulsion a new low. “If every form of criticism is dismissed as undermining Jehovah, as in Bart’s case, nothing can ever change,” spokesperson Raymond HIntjes told the newspaper.

 

[Palinurus]

Source: Jehovah's Witnesses suing Dutch State for discrimination

Monday, 11 December 2023 - 13:40

Jehovah's Witnesses suing Dutch State for discrimination​

The Jehovah’s Witnesses have sued the Dutch State for discrimination, the religious organization informed Trouw (in Dutch; registration required). They consider it discriminatory that the government investigated them, but no other religious organization, for their handling of sexual abuse cases.

Utrecht University conducted the investigation involved, following publications in Trouw in which sexual abuse victims within the Jehovah’s Witnesses described what happened to them, and published the results in January 2020. Utrecht University concluded that 60 percent of sexual abuse victims were very critical of how the Jehovah’s Witnesses handled their cases, scoring the handling a 1 out of 10. Many victims were traumatized by how things were handled, the researchers said.

Sander Dekker, then the Minster for Legal Protection, ordered the investigation at parliament’s insistence because the Jehovah’s Witnesses failed to arrange an investigation themselves, as the Catholic Church did at the time with the Deetman Commission.

The Jehovah’s Witnesses cooperated in the Utrecht University investigation but unsuccessfully tried to stop the publication of its results. The religious organization objects to the researchers’ findings, specifically, the researchers describing them as a “closed community” that makes it more difficult to report sexual abuse to the authorities. According to the Jehovah’s Witnesses, the results “indicate an opinion of the researchers rather than a scientifically substantiated position.” The Jehovah’s Witnesses also said that they experience “adverse consequences” from the investigation in the form of “many allegations.”

A religious organization suing the state is “fairly unique,” Paul van Sasse van IJsselt, a special professor on law and religion, told Trouw. But he isn’t surprised. The Jehovah’s Witnesses litigate a lot in Europe against government interference and have often been successful in the European Court, he said.

The Jehovah’s Witnesses did not reveal the precise indictment, so it is hard to predict whether the lawsuit has a chance of success, the professor continued. The fact that they are the only religious community that was investigated does not necessarily mean discrimination. “There may be legitimate grounds for paying special attention to this, such as signals that reports are not being handled properly,” Van Sasse van IJsselt said.

The trial already happened, and the court will rule on Wednesday, December 13, a spokesperson for the court in The Hague confirmed to Trouw.

Similar: Jehovah's Witnesses take Dutch state to court for discrimination - DutchNews.nl

Dutch coverage: Jehova's Getuigen klagen Staat aan voor discriminatie

 

[Natus Videre]

When evil becomes the norm, good faith is illegal!

 

[Palinurus]

Source (Dutch only): https://www.msn.com/nl-nl/nieuws/Binnenland/minister-heeft-jehova-s-getuigen-niet-gediscrimineerd

Minister did not discriminate against Jehovah's Witnesses

Article from ANP - 2d

DEN HAAG (ANP) - The former Minister for Legal Protection did not discriminate against the Jehovah's Witnesses by ordering an investigation in 2018 and 2019 into the handling of complaints about sexual abuse within the community only at the Jehovah's Witnesses. It was not necessary to have such an investigation done at other church organizations as well, because there were no signals about that at the time that the handling of such complaints was not in order. This was determined by the court in The Hague on Wednesday.

The Christian community of Jehovah's Witnesses in the Netherlands took the Dutch state to court alleging discrimination. The Jehovah's feel they were treated unequally. Former Minister Sander Dekker for Legal Protection would have made stigmatizing remarks about them. He would also have violated several of their fundamental rights by measures he proposed, after the University of Utrecht conducted research among the religious community. The judge found those statements within the bounds of the permissible, although critical, the ruling shows.

The University of Utrecht conducted research commissioned by the Ministry of Justice after it was revealed that victims of sexual abuse among the Jehovahs hardly received any help. Also, complaints were almost always handled behind closed doors. The investigation confirmed these reports. According to victims, the handling had everything to do with the closed culture among the Jehovahs. The religious community did not agree at all with the investigation conclusions and tried to prevent publication of the report, but lost on appeal.

Minister Dekker was disappointed that the Jehovah's board itself did not want to take steps to improve its handling of sexual abuse complaints. He said some things about that in the House of Representatives and he enjoys immunity there, the judge said. The Jehovah's wanted a ban on expressions, policies or measures based on the university's report, but the judge said proposed measures were justified and sufficiently carefully crafted. The faith community plans to respond to the ruling later Wednesday

Translated with DeepL.com (free version)

Other Dutch coverage:
Rechter: onderzoek seksueel misbruik Jehova's Getuigen geen discriminatie

 

[Palinurus]

Source (Dutch only): Ex-Jehova demonstreert tegen sociale uitsluiting. ‘We staan er voor de burgerrechten’

interview
Ex-Jehovah demonstrates against social exclusion. 'We stand for civil rights'

Protest
This Saturday, Jehovah's Witnesses will gather for a major event at the Johan Cruijff Arena in Amsterdam. Henri Dahlem will demonstrate there once again against social exclusion of ex-Jehovah's like him.

Author: Denise Retera - Published on April 20, 2024 at 14:15

In recent years, ex-Jehova Witness Henri Dahlem (53) has rang the doorbell in vain several times at the headquarters of the Jehovah's Witnesses in Emmen. Only once did the receptionist answer over the intercom, "You come uninvited." To which Dahlem said, "You always come to the door uninvited too, don't you?"

"Where I learned that tenacity, I don't have to tell you," Dahlem says on the phone with a laugh - referring to the Jehovah's custom of going door to door trying to convince non-Jehovahs of their faith.

But for the rest of the interview, he doesn't laugh. And sometimes his voice even breaks.

This Saturday, Dahlem demonstrates at a Jehovah's Witnesses event at the Johan Cruijff Arena in Amsterdam. NRC spoke to Dahlem on Friday. The Jehovah's Witnesses often organize conventions, but now for the first time in years the entire community is coming together - some thirty thousand people. The program includes a lecture by a member of the main board of Jehovah's Witnesses, based in the United States.

An excellent opportunity for Dahlem to try - for the umpteenth time - to get his message across: stop the "social death declaration" of ex-Jehovahs. If a Jehovah decides to drop out of the community, members are expected to stop dealing with the "apostate." Even if it is a family member.

Dahlem himself broke with the Jehovahs years ago because he no longer felt at home there. At his grandmother's funeral (also Jehovah), no one condoled him. They didn't even look at him.

The demonstration Saturday is a silent protest with banners, along with forty to sixty others associated with the Against Watchtower Shunning Foundation, of which Dahlem is the president. Some six hundred people have "signed up" there over the past two and a half years. Many are ex-Jehovahs, but about 10 percent are still active in the community, Dahlem said.

It is exciting for many protesters to take action because at the Arena they will see family and friends with whom they have not been in contact for years.

Are you nervous, also?

"I am mostly sad. I miss my friends and family. And when I was a boy growing up in the community there were occasional apostates outside; I found them scary. Now I'm pretty much the head apostate of the Netherlands myself. But I am doing this for the children. They may later have to deal with social exclusion themselves. And I'm doing it too for the kids with excluded parents."

What exactly do you hope to achieve in the end?

"We are emphatically not about the religion itself. We are there for civil rights. The Jehovah's exclusion policy, among other things, violates Article 1 of the Constitution [equal treatment and prohibition of discrimination]. Belgium's former Jehovah Patrick Haeck is an inspiration. He won a case against the Jehovah's Witnesses in first instance in 2021. The judge ruled that the community incited discrimination against members who had withdrawn. Unfortunately, these ex-Jehovahs lost on appeal and in the highest court. We consulted with a law firm about options for legal action in the Netherlands. We would be strongest in a civil suit; we are now raising money for that.

In Norway, the state has stopped subsidizing the Jehovah's Witnesses because of their social exclusionary practices. The Jehovah's had therefore gone to court, but the court ruled in favor of the state. [According to the Norwegian news website VG, the ruling states (in Norwegian) that the exclusionary practice involves "serious violations of the rights and freedoms of others."]"

Have you also entered into discussions with the board of Jehovah's Witnesses in the Netherlands?

"Over the past two and a half years, I have unsuccessfully written several letters to the board asking for dialogue. And we have knocked on the door of the headquarters several times in vain. Three times I was arrested for not wanting to leave the premises.

But we did win victories in other ways. Last month, for example, a motion by Michiel van Nispen [SP] was passed in the House of Representatives asking the government to see what can be done against social death penalties."

The Jehovah's Witnesses were also under fire a few years ago because of an investigative report on sexual abuse in the community. There appeared to be hundreds of reports of that. And perpetrators were tried through an internal justice system. Does that have your attention as well?

"Yes! In fact, there is a very clear link to social exclusion. Our foundation also includes many victims of sexual abuse. If they reported it, they were excluded. So they became double victims."

If the Jehovahs renounced the principle of exclusion, would you want to join them again?

"No. What always bothered me is that I had to totally obey a board in America that has a direct connection to Jehovah, God. But if you believe, it shouldn't be about the people deciding everything, but about God."

___________________________________________________________________________________
Response from Jehovah's Witnesses

"An excluded (or withdrawn) person may attend our religious meetings, sing along with religious songs during those meetings, receive religious publications and receive pastoral help from elders," an administration spokesman emailed in response to questions from NRC. "If he or she repents, he or she can apply to be restored as a Jehovah's Witness."

He said the sexual abuse allegations are "pertinently false." He refers to several quotes from a Jehovah's Witness policy document, such as "Jehovah's Witnesses have an abhorrence of child abuse and view it as a crime (Romans 12:9)." And, "In all cases, the victim and parents have the right to report child abuse."

The last time Dahlem was at headquarters, the spokesman spoke to him himself. "In doing so, I listened to him and twice offered to receive the letter on behalf of the board. He did not agree to that and ended the conversation himself."