The Hague court has ruled that while confidential information regarding PvdA member Khadija Arib was leaked to NRC on September 28, 2022, there is no “convincing evidence” to definitively name Sonja K. as the source. The ruling throws the issue back to the House of Representatives’ presidium, potentially leading to further investigations involving politicians.

The court’s decision concludes a lengthy legal battle by Sonja K. to prove her innocence. However, the Arib affair is far from over, placing the current presidium in a difficult position. The court suggests the presidium may need to commission the Supreme Court to investigate the roles of politicians if they truly wish to uncover the source of the leak.

The case stems from an NRC report in October 2022, which revealed that the presidium had decided to investigate alleged transgressive behavior by Arib, prompting her departure from politics. The investigation was triggered by an anonymous letter and confirmation of complaints by senior officials. Sonja K., then spokesperson for Vera Bergkamp (Arib’s successor as Speaker) and several senior officials, became a suspect due to her involvement in a brainstorming session about leaking damaging information and her frequent contact with NRC before the leak.

The court noted that a fellow politician could have pushed Arib into this situation. However, the Public Prosecution Service (OM) lacks the authority to investigate official misconduct by politicians unless a majority of the House or the presidium agrees to a criminal investigation, which would then be handled by the Supreme Court.

Current Speaker of the House, Martin Bosma, will face the decision of whether to subject fellow politicians to such an investigation at an emergency meeting next Monday. This is particularly sensitive for former Speaker Vera Bergkamp, as secret interrogations suggest her involvement in the affair may be more significant than previously known. Reports indicate Bergkamp was in constant contact with officials who then contacted NRC, and that she deleted email and app traffic with Sonja K. and a former senior official during the investigation.

Questions also surround the role of Simone Roos, then-registrar and now a member of the police management, who was part of the group of senior officials communicating before the leak. Adding another layer of complexity, Bosma himself must decide whether to initiate an investigation into his own role, as he was a member of the presidium at the time of the leak.