The Dutch State is liable for the violence of the army in the Dutch East Indies and cannot invoke prescription, according to the court in The Hague on Tuesday. Five men and women agree with this in their case against the State, which they brought because their fathers were executed in 1947 during “cleansing actions” in South Sulawesi.
“Dutch soldiers have executed Indonesian men without any form of trial and also during the interrogation of Indonesian prisoners frequent violence and torture has been used,” the court said.
The children of the men have applied for compensation, against which the State has argued that the facts are barred. The Court of Appeal is of the opinion that especially the extraordinary seriousness and the high degree of culpability of the violence used stand in the way of invoking the prescription.
The case is now first referred back to court, because it must first be confirmed that the plaintiffs are indeed a child of the executed men.
“If that is the case, then they can claim a reimbursement of living expenses.”
A sixth plaintiff, who was tortured after being captured by Dutch soldiers, is also awarded grief.