Jannemieke Ouwerkerk on transfer Mallorca assault case to the Netherlands
The suspects of the fatal assault on Mallorca will be investigated in the Netherlands. If the Dutch Public Prosecution Service sees sufficient reason to prosecute the suspects, then a Dutch court will consider the case.
The authorities in Spain did not announce why the Spanish Prosecution Service has chosen to involve the Netherlands. According to Professor of European Criminal Law Jannemieke Ouwerkerk, there can be various reasons. Perhaps the victim’s family has requested that the case be dealt with in the Netherlands.
It is also possible that the Spanish authorities find the case too complex since it involves a number of suspects. If a trial is held in Spain, the suspects would have to be extradited by the Netherlands. 'Spain might have found it too complicated to draw up a European arrest warrant for each person. In that event, the case can be transferred’, says Ouwerkerk on Dutch NOS newssite. A European arrest warrant must indicate very precisely who is suspected of what offence.
Considering the impact the case also has in Spain, Ouwerkerk is somewhat surprised that the Spanish authorities are transferring the case. 'If the victim had come from Spain, it would probably be a different matter.'
Jannemieke Ouwerkerk already commented in the media about this case.