Onder 5.3. Parket bij de Hoge Raad 20 juni 2017

35. Closely linked to the criterion of objective suspicions is the question of the point at which the authorities launched the undercover operation, that is to say whether the undercover agents merely “joined” the criminal acts or instigated them. Where the authorities claim that they acted upon information received from a private individual, the Court draws a distinction between an individual complaint and information coming from a police collaborator or informant (see Milinienė v. Lithuania, no. 74355/01, §§ 37‑38, 24 June 2008; Malininas v. Lithuania, no. 10071/04, § 37, 1 July 2008; and Gorgievski v. “the former Yugoslav Republic of Macedonia”, no. 18002/02, §§ 52 and 53, 16 July 2009). The latter would run a significant risk of extending their role to that of agents provocateurs, in possible breach of Article 6 § 1 of the Convention, if they were to take part in a police-controlled operation. It is therefore crucial in each case to establish if the criminal act was already under way at the time when the source began collaborating with the police (see Veselov and Others v. Russia, nos. 23200/10, 24009/07 and 556/10, § 91, 2 October 2012).”

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