Dutch news outlet sues Prosecution Service for eavesdropping on interviews

Dutch news outlet De Correspondent is suing the Public Prosecution Service (OM) for allegedly eavesdropping on a conversation between three of its journalists and individuals involved in a controversial 100 million euro deal involving the sale of face masks to the Dutch government during the coronavirus pandemic. Last year, the attorney for one of the suspects in that case made the revelation after receiving material from the OM's case file as part of the disclosure process.

De Correspondent affirmed on Thursday that authorities secretly recorded a meeting in March 2022 where journalists interviewed Sywert van Lienden, Bernd Damme, and Camille van Gestel, key figures in the controversial Relief Goods Alliance (RGA) mask deal. It was Damme's attorney, Han Jahae, who first made the claim. The meeting was arranged for the three suspects to tell their story on background to De Correspondent's journalists. "A verbatim report of 181 pages was made about everything that was said. That report was recently added to the criminal file," said Jahae to ANP last year.

The news outlet on Thursday said either the OM or an investigative service "pre-placed directional microphones" ahead of the March 2022 meeting at Hackfort Castle in Vorden. Jahae also questioned if a phone call between Van Lienden and the journalists was also tapped. In that call, the location, date, and time of the meeting was discussed. By the time the meeting took place, Jahae said that three microphones were placed indoors, and another was placed outdoors.

"Because the Public Prosecution Service knew in advance that one or more journalists from De Correspondent would be present during this conversation, we consider this a serious breach of secrecy for journalistic sources," said De Correspondent founder Rob Wijnberg on Thursday. "It is crucial for journalists to be able to speak confidentially with sources, even if these sources are identified as suspects by the Public Prosecution Service."

He added that the journalists' abilities to protect sources is a fundamental right in the Netherlands and Europe, and is the foundation "for press freedom in a democratic society." The lawsuit was filed to allow the courts to determine with more certainty the extent to which journalists are protected from being spied on by prosecutors and investigators. "We are also demanding the destruction of all data obtained from the intercepted conversation, including the transcripts which detail the conversation."

Van Lienden, Damme and Van Gestel were targeted in a criminal investigation that alleged the the three profited millions of euros by moving processing customers via a commercial business that was separate from RGA. The OM also stated suspicions of money laundering. The scandal developed during the global shortage of personal protective equipment at the start of the coronavirus pandemic.

Van Lienden made a deal with the Ministry of Health, Welfare and Sport to provide tens of millions of face masks valued at 100 million euros. He and his partners reportedly earned 30 million euros despite claiming they were handling the deal via the non-profit organization.

The attorney who made the disclosure about the eavesdropping incident did so on the same day that the Dutch State announced plans to file a civil suit against RGA. The Ministry of Health said it spent over 10 million euros investigating the deal after the fact. The civil suit is separate from the criminal case.

De Correspondent said it will fund the lawsuit with the assistance of the Dutch journalists' union NVJ, as well as Persvrijheidsfonds, the foundation for a free press, and the Democracy and Media Foundation. De Correspondent also collected smaller donations from its subscribers.