Onder 4.21. Rechtbank Den Haag 16 juli 2014

It does not appear that under the WOB Claimants have sought to take cognizance of the other papers they mention in 4:19. Nor does it appear that they have availed themselves of the already existing options in civil law to be empowered to dispose over copies of these papers or to take cognizance of their substance. Claimants could have taken cognizance of part of said papers as described in the NIOD Report. Moreover in this action the State has appealed exclusively to sources that are in the public domain. Accordingly against this background the District Court sees insufficient basis in general as Claimants argue but the State disputes that when assessing the points of dispute the criteria set for the State’s obligation to furnish facts should be less strong and/or where the State has met the obligation to furnish facts it should be charged with the burden of proof even if it does not bear the burden of proof according to Section 150 Rv or to regard Claimant’s position as being proven for the time being. The District Court assesses Claimants’ arguments on their own merits based on the established facts and after reviewing Parties’ positions about this in relation to applicable law.

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