Justice Done and Seen to Be Done? The Institutionalized Relationship between the Press and the Criminal Justice System in the Netherlands

Abstract

This article addresses the problem of the criminal justice system in relation to press and publicity in the Netherlands, concentrating on the clash of rights that may occur when trials are public, journalists claim freedom of information and defendants claim a right to privacy, and international law also requires that criminal trials be fair and take place before an impartial and unprejudiced tribunal. The situation in the Netherlands contrasts strongly with that of Great Britain and the United States, in that the historical development of both the media and the criminal justice system in the Netherlands has led to an emphasis on the right to privacy for the defendant and a right not to be subjected to "trial by media" instead of emphasizing freedom of expression or impartiality of the tribunal. The article explores the implications of this development, paying special attention to the European Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees all of the above rights but offers few clues as to how to reconcile them.