Procedure in the case of misconduct
The following procedure applies when you report alleged misconduct to the CTIVD.
Is the CTIVD permitted to handle your report of alleged misconduct?
Before alleged misconduct at the General Intelligence and Security Service (AIVD) or the Military Intelligence and Security Service (MIVD) can be reported to the CTIVD, it must first be reported to a superior, a confidential person or another person appointed in the internal regulations of the service in question.
In certain circumstances alleged misconduct can be reported directly to the CTIVD. This is possible when you cannot reasonably be expected to first report the alleged misconduct to the service concerned. That might be the case, for example, if you have reasonable suspicions that the highest responsible person within the service was involved in the misconduct. However, you must be able to substantiate this.
If the CTIVD is of the opinion that there is a report of alleged misconduct, it will first conduct a brief preliminary investigation. On the basis of the report and the brief preliminary investigation, the CTIVD will decide whether or not to initiate an investigation into the report. You will be notified of this decision in writing.
How will the investigation into your report proceed?
When the CTIVD takes up your complaint, it will inform the Minister concerned about the contents of the report. Your identity may only be disclosed to the Minister with your consent. The CTIVD will then request information from the relevant service about the handling of your report. In addition, the CTIVD will interview you as the reporting party.
The law provides the CTIVD with far-reaching powers to investigate your report. For example, the CTIVD has direct access to the systems of both the AIVD and the MIVD. The CTIVD may also call staff and former staff of the services as well as experts to hearings. The CTIVD can hold hearings with individuals under oath. The CTIVD will compile the findings of the investigation in a report. As reporting party, you will be given the opportunity to inspect the report and respond to it.
The CTIVD will subsequently issue a decision on the question whether misconduct is plausible. This report will then be sent to the Minister concerned. The CTIVD will send the report to you, albeit after state secret information has been removed.
The report will be published - in anonymous form and with any state secret information removed - on the website of the CTIVD.