Disclosure GGZ institution Mondriaan demands response
On November 16, 2020, mental health institution Mondriaan held a press release circulated about the case against Thijs H. On December 1, 2020, daily newspaper de Limburger spent attention to the same subject. The said press release takes a stand against criticism of the Pieter Baan Center experienced by GGZ Mondriaan. The content of this gives the defense - consisting of mr. Serge Weening and mr. Job Knoester - cause to respond.
Mondrian is not neutral
The content of the said message from GGZ-institution Mondriaan cannot be called neutral, while this can be expected from a treatment institution. Despite the fact that Mondriaan is aware that an appeal has been lodged against the verdict of the court in which Thijs H. was sentenced, it is stated that the court has strongly deviated from the report of the Pieter Baan Center with a clear motivation. On the contrary, the defense believes that the court missed the mark. For this reason, an appeal has been filed. It is up for debate whether the court's consideration can be characterized as clear.
Defense believes Mondrian dropped stitches
Incidentally, the defense believes that Mondriaan mental health institution had made serious mistakes in the treatment of Thijs H. prior to the three life crimes committed by him under the influence of psychosis, while this had serious consequences. If necessary, this will be addressed further during the appeal.
GGZ-institution Mondriaan cannot be considered impartial due to the mentioned position regarding the not irrevocable verdict. This is not only worrisome for Thijs H., but may also raise questions among other (former) patients about Mondriaan's methods.
Defense: Mondrian's conduct affects due process and duty of confidentiality
The aforementioned message on the website of Mondriaan openly addresses an apparently ongoing discussion between that institution and the Pieter Baan Center. Here, in the last paragraph, it is indicated that, as far as Mondriaan is concerned, legal follow-up steps are among the possibilities if (future) public criticism of the Pieter Baan Center gives cause to do so.
Although professionals may be expected to view criticism from peers not as a threat, but rather as something that deserves substantive discussion, Mondrian is free not to be open to it. It is also up to that institution to consider deploying legal means against fellow professionals. However, it is inadmissible, disciplinary and possibly even criminally culpable to speak or correspond openly about a (former) patient's case on the back of his or her case via messages on the website and contacts with the press or others. Every (former) patient fully enjoys the right to professional secrecy.
The remark made in public that open criticism of a forensic investigation institution could lead to legal follow-up steps violates Thijs H.'s right to a fair trial. This not only puts pressure on investigators at the Pieter Baan Center, but may also apply to any new investigators. The substantive phase of the appeal has yet to begin. If behavioral experts would be heard on appeal or if (new) behavioral experts are ordered to conduct further research, they should feel free to present findings to the best of their knowledge and belief, which can and may include criticism of others.
On June 29, 2020, the Board sent a letter to the Pieter Baan Center. The content of this - for the same reasons as mentioned above - in the opinion of the defense also (was) a potential threat to the right to a fair trial that Thijs H. deserves. Moreover, a violation of professional secrecy has also taken place here in that a copy of this letter - touching on the treatment given by Mondriaan to Thijs H. - was sent to the Public Prosecutor's Office. That letter was then read by the Public Prosecutor at a public hearing.
Mondrian exhorted
On behalf of Thijs H., Mondriaan GGZ-institution has been admonished to refrain from making statements towards forensic experts and/or forensic institutions which may affect the freedom as expert witnesses to make statements and conduct investigations. In addition, it was emphasized that GGZ-institution Mondriaan is not allowed to make statements in public or towards others about matters that directly or indirectly affect the treatment Thijs H. has undergone without Thijs H.'s explicit consent.
