Schalken discusses decision in East Indies-objectors' case (NJ 2013/548)

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On 14 December 2012, lawyers Liesbeth Zegveld and Brechtje Vossenberg submitted a request for review on behalf of "East Indies-objectors" Jan Maassen and Johannes van Luyn. The decision was published at the end of 2013 in the Dutch trade journal Nederlandse Jurisprudentie (NJ), accompanied by a critical annotation by prof. T.M. Schalken in which he criticizes the reasoning used by the Supreme Court in its rejection of the request (NJ 2013/548).

Though the Supreme Court ultimately rejected the request for review, it did include a rare consideration in its ruling in which it indicates that it is up to the administrative and political powers to take further steps:

If and insofar as such a change of opinion leads to a sufficiently widespread social desire to correct the consequences of such a conviction, it is not the review court, but rather the political and legislative bodies to assess whether, and if so how that desire can be met. (r.o 3.4)

Read the publication in the NJ here.

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