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Droit
Fondamental
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In the name of Albert II, King of the Belgians
FR
EN
IT
Marcel Vervloesem's prosecution (synthesis)
Publié le 19 juillet 2009
Founder of the NGO Werkgroep Morkhoven, Marcel VERVLOESEM discovered in 1998, the Zandvoort file, 88.539 photographs of pornography, tortures and murder of children, whom he gave to the police force in the presence of a Dutch television channel, then transmitted to the King of the Belgians as well as to several European Heads of State, asking them to make sure personally that the inquiries are correctly carried out.
All hastened to forget Marc Dutroux and the hundreds of criminals of the same quality who appear in this file, which was closed in a few weeks due to "unknown culprits". Mr. VERVLOESEM was condemned in 2006 for possession of this material, though the facts reproached dated from July 24, 1998, where prescribed on July 23, 2003, with a prohibition of contacts with the press, and this, added to multiple eccentric charges.
Mr. VERVLOESEM was found guilty of swindle, for not having found elements allowing a woman to plead in her divorce procedure, that her husband was member of the Zandvoort network. He was recognized guilty of swindle of another mother, to have disputed the allegations of a Dutch senior police officer, who claimed that her son appeared in the Zandvoort file, whereas the Dutch justice had recognized that the photograph in question had been published in an American magazine before the birth of this child.
The court also added to the file, a first wave of nine charges for rape presented the shortly after the case appeared in the media, while returning to one of the plaintiffs, his written consents according to which the complaints had paid 10.000-BFR, (250 €) added of 5.000-BFR (125 €) for those who would say they had been raped in front of television.
The first judges retained, in absence of 43 parts of the file, two rapes of a second wave of three charges, in spite of the retraction of one of the plaintiffs, who ensured that he and his friends and had filed a false complaint under threat. Mr. Vervloesem was cleared of TEN rapes out of TWELVE. They sentenced him to a 3 year solid prison sentence, but was maintained free.
The second judges have waived the interdiction of contact with the press, but added a year prison, in spite of Mr. VERVLOESEM cardiologist's certification, which establishes that the cardiac state of his patient would not have allowed him to survive the sexual stimulants that his diabetes would have obliged him to take, to carry out the described facts. The judges allotted him two extra rapes: one of the paid complaints wave and the other of the teen, major of age at the time of the judgment, which had retracted his charges, ensuring having filed them under threat.
Mr. VERVLOESEM was condemned to 4 years of prison, in spite of the opinion of nine doctors, including the expert appointed by justice, who opposed the imprisonment in any event, in reason of a health condition which would not allow him to survive it. His medical file indeed exposed a cancer and three untreated metastases; a cardiac deficiency which had required three open-heart operations; a renal deficiency which had required three surgical operations; a deficiency of the pancreas which had required two surgical operations and a diabetes depending on insulin.
The Court of Cassation maintained the judgment, in spite of two faults of procedure noted by the Higher Council of Justice:
The first recognized fault is the elimination of the file of the vice-president of his NGO, who took the responsibility for a public awareness campaign to the importance of in-depth inquiries on paedocriminal networks, illustrated of photographs, genitals and hidden faces, of children in torture apparatuses and a young girl whose throat had been, which was transformed at the charge of Mr. VERVLOESEM, in "diffusion of pornography".
The second fault recognized in February 2008, is the "disappearance" of the file, seven child pornography discs, sent by Werkgroep Morkhoven to the King of the Belgians in 1999. Mr. VERVLOESEM has been condemned as the sole criminal of a file he had entrusted to the justice department, and that the Court of Appeal of Antwerp had secretly closed in a few weeks, due to "unknown culprits".
Mr. VERVLOESEM was requested to carry out the sentence, as soon as his ONG had its first contact with French victims of the network. The exchange of information had made it possible to discover that all those who had persisted in complaining, had been objects of identical legal lynching and sentenced to the prison, while all the person blamed had been bleached, in absence of 88.539 supporting documents of the dossier.
Mr. VERVLOESEM introduced two recourse to the European Court of the Human rights on August 8, 2008, one for the initial judgment, the other urgently to release him from the imprisonment, comparable with torture, as regards to his health condition.
He was imprisoned in forecast that he would not survive more than three days to a hunger and thirst strike that he planed to shorten his sufferings and to die for what he lived: by asking the application of the constitutional laws of the victims and witnesses of paedocriminal networks.