Onder 3.17 Parket bij de Hoge Raad 7 juli 2016

55. As to the findings in the criminal proceedings against the applicant, the Court notes that the charges against the applicant were dropped because a representative of the State Attorney's Office deemed that the conduct of the applicant on the critical occasion had not amounted to a criminal offence liable to public prosecution. However, in those proceedings it was not established that the applicant had not committed the acts in question. No assessment was made in that connection. In these circumstances, the bodies conducting the proceedings on the applicant's dismissal were free to make their own assessment as to whether the applicant had acted in the manner held against him. The Ministry of the Interior found that the applicant had not properly registered and reported a road accident involving a police vehicle. These findings sufficed to establish a breach of work discipline by the applicant. The Court considers that the administrative body was empowered to and capable of establishing independently the facts of the case before it. In doing so the Court does not consider that any statement was made that would call into question the applicant's right to be presumed innocent.

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