4 Brev fra Ministerie van Justitie i Nederland 3. juni 2010 til Justis- og politidepartmentet

Coercive scene-of-death investigations without suspicion of a criminal offence

I am happy to hereby comply with your request for information, contained in your letter of 25 March 2010 (reference 201004114 ES HLB/rd), concerning the investigation in the Netherlands of unexpected deaths of children without the suspicion of a crime.

The Dutch Ministry of Justice is currently engaged in preparing a similar procedure. This NODO procedure, Closer Investigation into the Cause of Death, is primarily intended to establish the cause of death of deceased minor children (children below the age of 18), which involves an unexplained death. Establishing the cause of death and charting the circumstances and factors that have caused the death will make it possible to draw a substantiated conclusion concerning the nature of the death: a natural or an unnatural death. Further investigation also makes it possible to discover causes of death related to child abuse and neglect. This procedure has a neutral, non-judicial character and will have its legal basis in an amendment of Dutch legislation, namely the Dutch Burial and Cremation Act. This procedure concerns cases in which there is no suspicion of a crime nor a suspicion of an unnatural death. If the parents do not consent to the performance of the procedure, alternative consent may be obtained from the courts. The procedure is performed by medical specialists.

A Dutch doctors' association has recently issued an opinion which describes how this procedure might be structured. An external consultancy agency is currently charting the implementation costs of the above after which the Ministers will assess whether and how the implementation of this procedure should be handled. The Minister of Health, Welfare and Sport and the State Secretary for the Interior and Kingdom Relations are involved in this project.

At this time I am unable to answer the other questions contained in your letter. I would most certainly be willing to inform you in more detail of the above at a later stage. Until that time, I am naturally willing to answer any other questions you may have and you may contact Ms Zeevaart to do so. I would also like you to inform me how the relevant process is implemented further in Norway.

Yours sincerely,

R.R. ter Kuile

Director Judicial Youth Policy