Wisah Binti Silan et al. v. The State of The Netherlands (Ministry of Foreign Affairs)
Court |
District Court of The Hague, The Netherlands |
Case number |
354119 / HA ZA 09-4171 |
Decision title |
Judgment (Court ruling) |
Decision date |
14 September 2011 |
Parties |
- Wisah Binti Silan
- Wanti Binti Dodo
- Lasmi Binti Kasilan
- Cawi Binti Baisan
- Taswi
- Tijeng Binti Tasim
- Layem Binti Murkin
- Taijsi Binti Tikin
- Saih Bin Sakam
- The State of The Netherlands (Ministry of Foreign Affairs)
|
Other names |
- Rawagedeh case
- Wisah Binti Silan et al. v. The Netherlands
- Rawagadeh case
|
Categories |
Human rights violations |
Keywords |
compensation, executions, State responsibility |
Links |
|
Other countries involved |
|
back to topSummary
The District Court of The Hague ruled that the Dutch State acted unlawfully by executing a large amount of the male population in Rawagedeh without trial on 9 December 1947, during the Indonesian War for Independence. It required the Dutch State to award compensations to plaintiffs 1 to 7, but not to plaintiff 8 and the Foundation.
This was a landmark ruling, as it marked the first time that the Dutch government has been held responsible by a court for a committed massacre. On 9 December 2011, the Dutch government publicly apologised to Indonesia for the massacre through Tjeerd de Zwaan, the Dutch ambassador in Indonesia. None of the soldiers involved in the massacre have ever been prosecuted. Both sides have given different estimations regarding the amount of people killed, with the Netherlands stating that 150 people were killed, whereas the victims’ association puts this number as high as 431.
back to topProcedural history
Survivors and family representing victims killed in an incident in Rawagedeh, Indonesia, on the 9th of December 1947 brought a case before the Hague District Court asking for compensation from the Netherlands for the lives that were lost and damage that was done when Dutch forces allegedly opened fire and killed between 150 (according to Dutch authorities) and 400 (according to the plaintiffs) representing nearly the entire male population of the Indonesian village of Ragawedeh in West Java. According to the plaintiffs, the men who were shot were independence fighters rebelling against Dutch colonial rule in Indonesia. Their argument was that the Netherlands was responsible for the executions, to which the Dutch government responded with the argument that the applicable statute of limitations rendered the issue no longer justiciable.
back to topRelated developments
The Netherlands agreed to pay the relatives a compensation of €20,000 each on 5 December 2011.
back to topLegally relevant facts
Indonesia was a colony of the Kingdom of the Netherlands under the name of the Dutch East Indies until 1949. On 25 March 1947 the Netherlands and Indonesia concluded the Linggadjati Agreement according to which Indonesia was to become independent no later than 1 January 1949.
Disagreement over the interpretation and execution of the Linggadjati Agreement led to a military intervention by the Netherlands in Indonesia in July 1947. On 9 December 1947, as part of the military intervention, Dutch forces attacked Rawagedeh. During this attack, a large amount of the male population was executed without trial by the Dutch soldiers.
Plaintiffs 1 to 7 are spouses (p. 2, para. 2.5), and plaintiff 8 is the daughter (p. 4, para. 3.2) of the executed men.
back to topCore legal questions
- Whether the Dutch State was responsible for the killings committed by Dutch troops in the village of Rawagedeh on 9 December 1947, now called Balongsari, during the 1945-49 Indonesian War for Independence?
- Whether the claims by the plaintiffs were barred by the Dutch statute of limitations?
back to topSpecific legal rules and provisions
- Section 4 of the Dutch Constitution as of 1938.
- Section 148 of the Dutch Military Criminal Justice Act as applied in 1947.
- Articles 2 (right to life) and 6 (fair trial) of the European Convention on Human Right (ECHR).
- Protocol to the ECHR.
back to topCourt's holding and analysis
The Court found the Government’s argument untenable for reasons of fairness and reasonableness and therefore ruled in favour of the plaintiffs, declaring that the Dutch state acted wrongfully through the executions and that the state is liable to pay damages. A separate hearing was scheduled to determine the amount of damages that will be paid.
The Court ruled that the Dutch State is liable towards plaintiffs 1 to 7 for the damages consequently incurred and yet to be incurred, whereas it dismissed the application by plaintiff 8 and the Foundation, and required them to pay the legal costs of the State, which were estimated at nil (p. 12).
back to topFurther analysis
back to topInstruments cited
back to topAdditional materials
- M. Maas, ‘Rawagede: still waiting for Dutch aid money’, Radio Netherlands Worldwide, 13 September 2011;
- S. Liem, ‘Judgement in the case of the widows of Rawagede tomorrow’, Widows World Wide, 13 September 2011;
- ‘Dutch Civil Court Rrules Government to Compensate 1947 Indonesian Massacre Victims’, The Telegraph, 14 September 2011;
- ‘Dutch State Found Liable for 1947 Indonesia Massacre’, BBC News, 14 September 2011;
- A. Bottorff, ‘Netherlands Court Finds Country Liable for 1947 Indonesia Massacre Claims’, Jurist, 14 September 2011;
- ‘Dutch Court Orders Compensation for Indonesian Massacre Widows’, Jakarta Globe, 14 September 2011;
- M. Willems, ‘Nederlandse Staat moet Weduwen Rawagede Betalen’, NRC, 14 September 2011 (in Dutch);
- ‘Dutch State Liable for 1947 Indonesia Executions’, Radio Netherland Worldwide, 15 September 2011.
- S. Kusmiati, ‘Indonesian Massacre Widows Welcome Dutch Ruling’, Northwest Asian Weekly, 24 September 2011;
- ‘The Netherlands Apologies for Rawagede Massacre, Pays Compensation’, Dutch News, 5 December 2011.
- M. Willems, ‘Excuses Nederland aan Nabestaanden Rawagede – ‘Unicum’’, NRC, 5 December 2011 (in Dutch);
- ‘Dutch Apology for 1947 Indonesia Massacre at Rawagede’, BBC News, 9 December 2011;
- ‘Indonesia: Dutch Apologize for 1947 Massacre of 430 Villagers’, The New York Times, 9 December 2011;
- ‘Netherlands Apology for Indonesia 1940s Killings’, BBC News, 12 September 2013;
- Bastiaan Sherpen, ‘Netherlands Apologizes for Indonesian Colonial Killings’, Jakarta Globe, 12 September 2013;
- ‘Dutch Apologize for Massacre’, Jakarta Post, 13 September 2013.
- ‘Event Sheet Rwagede’, Stop Impunity!, no date.