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International Press release, january 6th 2009

European Court of Human Rights admits case against Dutch ministers for Schiphol Fire

The European Court of Human Rights in Strasbourg has informed Dutch lawyer Mr.N.M.P. Steijnen that the Court has admitted the application against two former Dutch ministers, or the State,  in relation with the Schiphol Fire. This fire on the 26th of October 2005  killed eleven detained migrants in a detention center on the premises of Hollands main Schiphol airport.
Mr. Steijnen is pressing these charges representing  committee of non-governmental organizations, survivors and relatives of the deceased against Mr. J.P.H. (Piet Hein) Donner, who was at the time minister of Justice (and today of social affairs) and against Mrs. M.C.F. (Rita) Verdonk, who was at the time Minister of Immigration and Integration. They are charged with cruel and humiliating treatment (Art.3 ECHR) of both the killed inmates and the survivors of the fire. Donner is held responsible for the construction and the management of the complex, while Verdonk was in charge of the administrative detention of undocumented migrants and of the treatment of the survivors after the fire.

The European Court’s decision brings this procedure now to the international level, after the Dutch legal instances have decided against prosecuting, on the grounds that servants  of the state cannot be held accountable in person. The independent Dutch Security Board concluded in 2006 that the disaster would have been much smaller if the authorities had lived up to the regulations. As a consequence of this report two Ministers then resigned, Donner and Mrs. Dekker (Housing and Environment). Verdonk remained in office and is now heading her own populist, right-wing party “Trots op Nederland”  (Proud of the Netherlands).
The only one man being prosecuted in relation to the Fire will stand to appeal in the coming months.
The accused is Ahmed Isa Al-J, a migrant from Libya, who was detained in Block K of the Detention Center of Schiphol East in order to be transported back to his native country. In the night of the 26th of October 2005 a fire took place in this Block, which killed eleven inmates.  Ahmed Isa is charged for setting fire to his cell by throwing away his cigarette butt before falling asleep. In 2006 he was condemned to three years of confinement by the Court of Haarlem for causing the fire and thus killing eleven people and severely wounding fifteen others. The judge thereby endorsed the argumentation of the District Attorney that Ahmed Isa consciously took the risk of causing the disaster by negligently throwing away his cigarette: conditional intent.
The technical evidence is highly disputed and is under revision by an expert team at the University of Lausanne (Switzerland). There is  serious evidence that the fire started elsewhere in Block K. The chance that the particular type of cigarette the accused was smoking could effectively start a fire is very small. It was a roll-your-own “shaggie” rolled with paper called Blue Rizla, known to extinguish rapidly. Last December two experts, Professors Wagenaar en van Koppen,  pointed out that the memory of the accused, particularly his admitting that he pitched his cigarette that very evening of the fire, is highly unreliable.  This is another major blow for the persecutor, comments Ahmed isa’s lawyer Mr. Eduard Damman.
However, the fundamental argument against the ruling of the court is a political one: even if it were true that Ahmed Isa caused the fire then the Dutch State has done everything to make it possible for his cigarette to create a major disaster. Basically the state is responsible for those detained in their facilities. The building and safety regulations had been neglected and the training level of the personnel was substandard.
Free Ahmed Isa = Justice for All Survivors
The cause of justice for all survivors boils down to the case of the only man that has been accused so far: Ahmed isa Al-J(eballi). A proper administration of justice is of the highest importance for their well being and indeed for their lives. Therefore M2M Radio calls on international law experts to monitor this case.
There are several reasons to seekEuropean Court of Human Rights admits case against Dutch ministers  for Schiphol Fire

- The International dimension: the victims of the Schiphol Fire are citizens of at least thirty five different countries around the world.
- The disaster happened in the  domain of administrative law aimed at tackling irregular migration in the Netherlands. The Dutch government has been criticized   in many instances both by the European Court, the Commission for the Prevention of Torture and Inhuman Treatment of the European Council and by Amnesty   International for not living up to internationally established standards of rule of law and human rights.
- The Dutch State is party in this case and therefore it is doubtful if it can guarantee a fair trial.
- The case of the Schiphol Fire has severely damaged the confidence of many citizens in the democracy of the Netherlands.
- Finally, not only the accused, but also the survivors and relatives of the dead, are suffering until this day from the physical, material and psychological   consequences of the fire. A proper administration of justice is of the highest importance for their well being and indeed their lives.

To facilitate the monitoring M2M Radio will produce live coverage of the trial and parallel sessions on the internet:
m2m.streamtime.org
international monitoring of the upcoming proceedings.
- The International dimension: the victims of the Schiphol Fire are citizens of at least thirty five different countries around the world.
- The disaster happened in the  domain of administrative law aimed at tackling irregular migration in the Netherlands. The Dutch government has been criticized   in many instances both by the European Court, the Commission for the Prevention of Torture and Inhuman Treatment of the European Council and by Amnesty   International for not living up to internationally established standards of rule of law and human rights.
- The Dutch State is party in this case and therefore it is doubtful if it can guarantee a fair trial.
- The case of the Schiphol Fire has severely damaged the confidence of many citizens in the democracy of the Netherlands.
- Finally, not only the accused, but also the survivors and relatives of the dead, are suffering until this day from the physical, material and psychological   consequences of the fire. A proper administration of justice is of the highest importance for their well being and indeed their lives.

To facilitate the monitoring M2M Radio will produce live coverage of the trial and parallel sessions on the internet:

http://m2m.streamtime.org

For all relevant (Dutch) documents we refer to
http://www.vertrokkengezichten.net/

For further information please contact:
M2M Radio, Jo van der Spek at
E-mail: m2m@streamtime.org
GSM +31624148872

Mr. Nico Steijnen
Advocatenkantoor Steijnen, Olof & Stelling
Couwenhoven 52-05
3703 ER Zeist
Tel. +31(0)30-6956867
E-mail: sagitar@hetnet.nl