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The Importance of Privacy and Secrecy in Investigations: A Lawyer’s Perspective

BVSharp when necessary, mild when possible… With the same passion with which he makes his case, top lawyer Walter Damen (52) comments in ‘Dag Allemaal’ what concerns him and you.

Last week I was terribly disturbed by all the nonsense about the infamous incident in Sint-Niklaas starring Conner Rousseau. From our constitution to the acclaimed principle of freedom of the press, everything was included in order to be able to print an official report in the newspapers. I am a believer and fan of both the privacy and the secrecy of the research. Everyone, including well-known Flemish people and even politicians, is entitled to a number of basic principles that every citizen is entitled to by law. It is really not possible, and I mean it with the greatest possible indignation, that an official report appears in the newspapers without the suspect being aware of it or having been questioned about it! This type of report is part of a secret investigation that is NOT available to the public. Justified publication ban I would think this is self-evident and that everyone understands it. Not so. Learned professionals who interpret the Constitution as they see fit argue that the publication ban that Rousseau enforced in court is a violation of freedom of the press. Until it happens to them, and they suddenly remember the principle of the secrecy of the research and the right to privacy, as explicitly stated in Article 8 of the European Convention on Human Rights.

Unacceptable

In other words, the publication ban was justified. The official report in question should never have even ended up in the hands of a journalist. Journalists are untouchable on that point. Due to the confidentiality of sources (which is absolute), they can never be obliged to reveal who their information comes from. In this case, the person who consciously violates the secrecy of the investigation and places a report in the hands of a journalist.

With what purpose? It doesn’t really matter, it’s unacceptable. But hiding – as a politician – behind drunkenness to argue that you had no intention is equally unacceptable. I can already see myself arguing in front of a judge, the man would look at me as if I had never opened a criminal code before.

A person who puts himself in a state of intoxication remains 100% responsible for everything he does. ‘Yes, but I was drunk, so you can’t sanction me’: football fans who seriously overstep the mark should not be allowed to do so either. Why a politician then? No, what a statement from a party chairman…

Stone

Luckily I saw the secretly filmed animal Dumbo. A sea creature that once left the darkness from the depths of the ocean and was promptly filmed. What bliss. It aroused a pleasant and gratifying sense of wonder in me. Just look it up. It was my medicine against all the nonsense I had to read and hear.

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2023-10-13 10:00:07
#COLUMN #Walter #Damen #incident #Conner #Rousseau #Unacceptable #hide #drunkenness

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