Dutch prosecutors stop probe on Sison due to “insufficient evidence”

(UPDATED: 8:53 am, April 1, 2009)Dutch prosecutors today stopped their investigation of Prof. Jose Maria Sison, the founding chairman of the Communist Party of the Philippines who lives in exile in the Netherlands.

In an email, Sison said that the “national prosecution office based in Rotterdam has informed me in writing this morning that it has stopped the investigation/prosecution of my case for ‘insufficient legal and convincing evidence'”.

In a notice dated March 31, the Dutch prosecutors in Rotterdam told Sison that there would be no further prosecution against him due to lack of sufficient and persuading evidence on criminal acts attributed to him purportedly by the Arroyo government.

The notice was signed by J. S. de Vries on behalf of public prosecutor H.C.M. ven Bruggen.

Dutch authorities arrested Sison on August 28, 2007, sparking worldwide protest by Philippine organizations. He was released the following month (Sept. 13) due to lack of sufficient evidence to pin him down for murder.

The Dutch case included, there remains no criminal case against Sison that has prospered in Philippine and foreign courts.

Sison is elated by the news. In a statement, he said that “I am very happy that, because of insufficient legal and convincing evidence, the Public Prosecution Service of the Dutch government has decided to dismiss the case against me concerning the deaths of two security consultants and military assets of the Philippine reactionary government.”

“My lawyer and I are considering what further legal action to take in order to seek full justice and demand compensation for the legal costs and the moral and material damages inflicted on me. I presume that together with their lawyers, the chairperson and members of the Negotiating Panel of the National Democratic Front of the Philippines (NDFP), their consultants and staffers, are considering similar legal
action in relation to the simultaneous raids and seizure of properties carried out against them by the Dutch police at the time of my arrest on 27 August 2007,” said Sison.

Below is the full text of the notice:

Below meanwhile is an unofficial translation of the document:

National Public Prosecution Service
P. O. Box 395
3000 AJ Rotterdam

Notice of No Further Prosecution

The prosecutor at the National Public Prosecution Service in Rotterdam
gives notice to the suspect

Prosecutors Office Number : 09/750006-06
Name : SISON
First Names : Jose Maria Canlas
Born on : 8 February 1939 in Cabugao (Philippines)
Address : Rooseveltlaan 778, 3526 BK
City : Utrecht

In whose criminal case a criminal pre-investigation has run, which was
closed on 21 November 2007;

The prosecutor shall not further prosecute him because of:
insufficient legal and convincing evidence;

In this way, this case is closed, unless:

a.because of new facts or circumstances I have to review this decision
b.the Court of Appeal still orders a prosecution. That is possible if
someone else who is disadvantaged by the act of which you are now
suspected complains over my decision not to further prosecute you.

Rotterdam, 31 March 2009

The prosecutor,
Mrs. J. S. de Vries
for this,
(Sgd.) H. C. M. van Bruggen
prosecutor

Copy to the lawyers on: