Alinea 116 Rechtbank 's-Gravenhage 25 juni 2007

Apart from the lack of clarity about the number of deputies to the Director of the Military Khad, the question rises why the defendant would have been the second deputy and what that position implied. Before the examining judge, [P3] testified that, according to the job instructions within the organisation, there was no such position as the 'second deputy', but that some people used to call the defendant by that title. There are no statements or documents in the file that take away this lack of clarity. Apparently job instructions existed, but their contents, who or what authority issued them, was not investigated any further in this case. On the contrary, the testimonies in the case file are very contradictory with reference to the role of the different deputies. The case file does not provide a uniform answer to the question if there was 'hierarchic' replacement within the chain of command (in the absence of the Director the first deputy, in his absence the second, etc.) or that there was substitution within the sphere of activities of the Military Khad. If the latter was the case, then this could have consequences for the question whether the defendant had 'control' regarding all interrogations or only regarding those interrogations concerning the files he was in charge of at that time. It remains unclear what the internal relationship between the deputies and the Director of the Military Khad was like. The Court believes that insight into this matter is indispensable to answer that last question.

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