Rotterdam court jails journalist for refusing to disclose source

A journalist working for the national Dutch broadcaster NOS was jailed on Thursday at the order of the examining magistrate of the court in Rotterdam because he was not willing to answer questions as a witness in an ongoing criminal case.

Holding a material witness in custody is a "legal means of coercion," whereby the court expects the journalist to change his mind and testify. He may be held until at least Monday.

Citing "objection in principle" and "legal reasons," journalist Robert Bas exercised his non-disclosure right and refused to answer questions. Journalists have a legal right to non-disclosure.

The criminal case in which Bas was summoned involves the murder of mental health institution director Rob Zweekhorst, who was shot in Berkel en Rodenrijs in 2014 after being mistaken by the perpetrator for a rival in the drugs scene. It was therefore considered a "mistaken identity murder."

According to the NOS, Bas earlier this year had discovered that the telephone conversations he had with a source were overheard by the judiciary. Reports of these conversations would even have ended up in the case file. Based on this, the reporter was called by the suspect's lawyer to testify. However, Bas stated that answering questions would create a dangerous situation for both him and his source.

The examining magistrate stated that "the voice of the journalist appeared in telephone taps, but the journalist was not tapped himself." The magistrate already ruled in June 2019 that there is therefore, partially, no right of non-disclosure in this case.

NOS Editor-in-Chief Marcel Gelauff described the decision by the examining magistrate to jail Bas an attack on the freedom of the press.

"I am aware this is a serious crime and a major criminal case," he told the NOS. "But it is unlikely that a statement by Bas would influence the assessment in the case."

Thomas Bruning, secretary of the Dutch Association of Journalists (NVJ) condemned court's decision.

"The examining magistrate ignores the fresh law on source protection, which actually came into force less than a year ago," Bruning stated. "Harmful to the profession, sources and to the Netherlands as a country of freedom of press."

Bruning called on the examining magistrate to reverse the decision in the shortest possible time. "Preferably today or tomorrow," he stated. "I understand that there is an official moment on Monday, but it is better to do that earlier."

"The examining magistrate reports to the court within 24 hours," the Rotterdam court reacted. "A multiple council chamber will then meet as soon as possible, but no later than within 48 hours, to determine whether the journalist will be held in custody or released. The journalist will be heard. He remains in jail until the chamber has decided."