Outgoing Supreme Court Justice Ybo Buruma expresses concerns about the current state of the rule of law and the approach to serious crime in the Netherlands. He reflects on his career, from being a sought-after criminal law commentator to serving on the highest court, and shares his insights on the evolving perception of criminals and the importance of safeguarding the independence of the judiciary.
Buruma notes a significant shift in how the Dutch public views serious criminals. He argues that criminals are now often portrayed as monsters, which can lead to a dehumanizing perspective and potentially unjust outcomes in the legal system. He contrasts this with a time when criminals were seen as more relatable figures.
Buruma worries about the potential consequences of this shift. He also highlights the increased threats against administrators, crime journalists, judges, and public prosecutors, emphasizing the need for caution when implementing measures that could undermine the constitutional state. Buruma specifically raises concerns about expanding the key witness scheme, suggesting it could escalate violence within organized crime.
Having spent time on the Supreme Court, Buruma underscores the importance of maintaining the independence of the judiciary. He acknowledges that Dutch politicians have increasingly criticized judicial decisions, particularly in areas like asylum policy and climate cases, which he sees as a threat to the rule of law. Buruma warns against politicians shifting blame onto judges and cautions against emulating systems where political influence can compromise judicial appointments.
Buruma also reflects on his own controversial appointment to the Supreme Court, where his past political affiliations and critical remarks about Geert Wilders sparked debate. He notes that such incidents highlight the vulnerability of the judge’s role in a constitutional state. He advocates for measures to prevent political interference in judicial appointments, drawing parallels with the undermining of judicial independence in countries like Poland.
Buruma concludes by emphasizing the importance of citizen engagement in safeguarding the rule of law. He states that the story of the rule of law is the story of real people, and that it is up to everyone to recognize and stand up against injustice. He advocates for vigilance and resistance against threats to the rule of law, drawing inspiration from those who have previously fought against injustice, even in the face of danger.