On a Friday afternoon in March, in a packed room in the court of The Hague, seven nervous bunch of guys watch the judge. They’ve brought their wives and wear jackets that barely close. „I spent 24 years with the special forces seated,” says one of them. “On a mission, I was in situations where I had to fight for my life.” He felt no fear.
Until recently. “I’ve never been so scared. Afraid that I would still be able to pay the bills next month.”
The seven men form the Specialist Operations Team of the Fiscal Intelligence and Investigation Service (FIOD). They operate in the ‘covert domain’ and are pivotal in FIOD investigations into financial and drug-related crime. Throughout the country, often in the middle of the night, the team installs listening devices and cameras.
At least, until the end of October, when the entire team was suspended due to a labor dispute. Since then, the FIOD has hardly listened to any suspects. With outside help (such as the police) only the most necessary placements are made.
This is no ordinary job. This work is their passion
Maarten van Gelderen lawyer
That stings these men. Together they have taken the Tax and Customs Administration – which includes the FIOD – to court to be allowed to return to work. “This is no ordinary job for my clients. The work is their passion and is a special part of their identity and life,” says lawyer Maarten van Gelderen. “They want nothing more than to catch crooks.”
However, the FIOD does not like that. The team did not have the required “attitude and behavior” and clashed with successive team leaders who challenged them. FIOD director Thomas Bosch, former public prosecutor, speaks of “a bucket that continuously overflows”. “The employees are all very nice, but together it leads to hassle. I can’t put new team leaders on there every time who are challenged, exhausted and say ‘I’m leaving’”. It remains unclear during the hearing what exactly the men do that is not acceptable.
‘no noise’
It has only been a few years since the FIOD has been allowed to use special investigative powers, such as wiretapping. The Specialist Operations Team was established in 2019. Lawyer Van Gelderen hints that a different, more assertive type of employee was then brought in and the organization cannot deal with it. His clients previously worked for police defense and arrest teams. “They are not colorless office workers and they are not easily silenced.”
While the judge closes the handling of the case in March, he speaks of “a major dilemma”. And that dilemma is also reflected in the ruling published this week.
According to the District Court of The Hague, the period of more than six months of inactivity is “unacceptably long”. Employees may only be suspended for a limited period of time under serious circumstances.
This is due to the fact that the team does very risky work. For reasons of safety, there should be “no noise” between the team and the managers, the court said. At other work, the men’s claim was “probably granted.”
As long as the FIOD does not decide to disband the team, the service must ‘do everything it can’ to allow the team ‘to resume work in a responsible and, above all, safe manner’. According to the court, the FIOD “shows too little decisiveness to break the deadlock that has existed for some time”.
A spokesman for the FIOD says that the management will study the ruling carefully and will look at “how justice can be done to the judge’s considerations”.
Also read this article: ‘My documentary about the FIOD was mutilated for fear of the Public Prosecution Service’
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