Volkert van der Graaf
Encyclopedia
Volkert van der Graaf (born July 9, 1969) is known for assassinating the Dutch
politician Pim Fortuyn
on 6 May 2002 during the political campaign. Van der Graaf was an animal rights and environmental activist, founder of a group that worked through litigation. In court at his trial, van der Graaf said he murdered Fortuyn to stop him from exploiting Muslims as "scapegoats" and targeting "the weak members of society" in seeking political power.
He was arrested shortly after shooting Fortuyn, who died immediately. In court Van der Graaf testified that he had become alarmed that Fortuyn was using Muslims and immigrants as scapegoats in a campaign to seek political power. He thought the politician endangered society with his controversial statements. Later Van der Graaf expressed doubt over his actions. His trial started on March 27, 2003. He was convicted on April 15, 2003 and sentenced to 18 years in prison. The trial generated large interest from the Dutch public, especially Fortuyn supporters. Van der Graaf appealed for the reduction of the sentence to 16 years, but on July 18, 2003, the appeals court upheld the previous sentence.
. By the time he attended university in Wageningen
, he had become a vegan and an advocate of animal rights.
organisation Vereniging Milieu Offensief in Wageningen, which he had co-founded in 1992. His job involved challenging violators of environmental regulations through litigation. He concentrated particularly on contesting practices in intensive animal farming
and fur farming
. He was said to be highly motivated, working more than the four days per week of his contract. He was successful at litigation, winning about three out of every four cases.
, where they had moved in 2001. Some observers described him as stressed since the birth of their child on December 6, 2001.
was shot and killed outside a radio studio in Hilversum
at 6:00 p.m., just after he finished an interview. The interviewer Ruud de Wild
witnessed the murder. (He later had severe psychological problems as a result and divorced.)
Van der Graaf was arrested near the scene of the crime after a pursuit by witnesses. Details of the suspect were always officially reported as "Volkert van der G.", in accordance with unwritten Dutch privacy
practice, but his full name was readily available on the net. His home and work addresses were soon circulated on web sites used by Fortuyn's supporters. Angry supporters gathered in several cities, so several people related to Van der Graaf went into hiding. His girlfriend and their daughter left their house on the evening of the murder.
The details of the murder emerged later; the accounts of the investigators and Van der Graaf were consistent. He had planned the attack using information obtained from the Internet
; printouts of a map of the scene of the crime and schedules of Fortuyn's appearances were found in his car. In two boxes of cartridges found at his home, seven cartridges were missing, the exact number loaded in his gun. The attack has been described as the work of a single person, an amateur shooter who used a relatively simple plan and did not prepare a good escape route.
Van der Graaf purchased his weapons illegally; a semi-automatic Star Firestar M43
http://world.guns.ru/handguns/hg113-e.htm pistol
in a café in Ede
and 9mm cartridges in The Hague
. After the murder of Fortuyn, the gun was linked to a suspect in the robbery of a jeweller in Emmen through DNA
material found on the weapon.
On the day of the murder, he attended work in the morning, taking with him a backpack containing the gun, a pair of latex gloves, a baseball cap and a pair of dark glasses. At the end of the morning, he said he was taking the afternoon off on account of the beautiful weather. He drove towards Hilversum
, knowing that Fortuyn was due to be interviewed in the radio studio of 3FM in the Mediapark
. During the trip he stopped several times, among other things to purchase a shaver to remove his stubble, which together with the cap and glasses would disguise his appearance, while the gloves would avoid leaving fingerprint
s. The shaver did not work.
He had never visited the Mediapark, relying on a map and a couple of photos to find his way in to the park on foot and to the building where Fortuyn's interview was held. Recognising Fortuyn's car in the carpark, he hid in some nearby bushes, burying the gun which was in a plastic bag in a shallow trough in case he was discovered. He could hear fragments of Fortuyn's interview from a speaker on the outside of the building. He waited there for about two hours.
Fortuyn emerged from the building in the company of several others. Van der Graaf walked in his direction of Fortuyn, and passed by him, then turned and opened fire. He said that he aimed for the back to avoid Fortuyn's ducking away, or that a bullet
would mistakenly hit somebody else. He held the gun in both hands, with the plastic bag around it. Less than 1.5 metres from Fortuyn, he hit him in the back and head five times, and fired a sixth shot that missed.
Running away, Van der Graaf was chased by Hans Smolders, Fortuyn's chauffeur. Two employees from a different building joined in. During the chase, Van der Graaf threatened them by raising the gun in his jacket pocket toward them. They ran from the grounds of the Mediapark onto a public road, where Van der Graaf pointed the pistol at arms length at Smolders. He had been reporting their position to the police by mobile phone. Reaching a Texaco petrol station, Van der Graaf gave up when police pointed their pistols at him.
, Koppe and Franken, with Franken leading.
In the months following the murder, many conspiracy theories were put forth by supporters of Fortuyn and others. Officials investigating the murder dismissed these popular rumors, declaring that no evidence had been found for the involvement of others. No evidence was found to support rumors that Van der Graaf had committed the earlier murder in 1996 of Van der Werken, an environmental official from Nunspeet
, nor that he had attended other appearances by Fortuyn.
On 7 July 2006, the national daily newspaper Telegraaf published an article alleging Van der Graaf's connection with the murder of Chris Van der Werken. The Telegraaf printed extracts of a secret police report on the murder of Van der Werken on its website. According to Mr. Quirijn Meijnen, a Dutch-based media lawyer who represents Van der Graaf, the accusations are grave and unfounded. He said that the publication of extracts of the secret police report infringed Van der Graaf’s privacy rights. The Telegraaf failed to mention that Van der Graaf was never a suspect in the murder case of Van der Werken.
After Van der Graaf's arrest, he was held in strict isolation until June 1. He could speak only to his lawyers and police and justice officials. He was kept under constant observation by video camera
.
A second search of Van der Graaf's home on June 24 found a chemical mixture, calcium chlorate
and sugar, hidden in 35 condoms in his garage. Nearby were flasks of sulphuric acid. Experts said the substances could be combined to make a fire bomb or explosive material. Van der Graaf later said that he had fabricated the materials around 1990-1992 for experimentation purposes and had forgotten about them.
" hearing in his trial started on August 9, which Van der Graaf watched on TV from his cell in the Bijlmerbajes
prison
. The prosecution outlined its evidence, which included the finding of DNA matching Fortuyn on Van der Graaf's clothes and gun, matching of the bullets used in the attack with the gun, and eye-witnesses who pursued him continuously from the murder scene to the point of arrest. The defence complained that lack of discretion in reporting by the press and statements by public officials would make it difficult to obtain a fair trial. It requested calling as witnesses several politicians who had made public comments about the murder, including the past and present Prime Ministers
Wim Kok
and Jan Peter Balkenende
, as well as various members of Lijst Pim Fortuyn including Herben and Janssen van Raay.
On the morning of September 3, Van der Graaf's girlfriend was arrested at her workplace in connection with the chemicals found at their former home. Her lawyer and the lawyers of Van der Graaf denounced this as an attempt to pressure Van der Graaf into making a statement. She was released two days later and eventually cleared of any suspicion after Van der Graaf made a statement on her behalf.
, starting in the first week of January 2003. In a press statement of November 23, the prosecution (Public Ministry) announced that Van der Graaf had confessed to the murder. He said he planned it for some time and that nobody else was involved in the plans or knew about them. He believed Fortuyn was a steadily increasing danger for vulnerable groups in society. He saw no other possibility than to end the danger by killing Fortuyn.
In response to the confession, Mat Herben said he was still not convinced that Van der Graaf had acted alone. Fortuyn's brother Marten said he was not surprised by the confession but feared that Van der Graaf was setting himself up as "saviour of the fatherland".
The confession has not been made publicly available. Reports have asserted that Van der Graaf said he was "not proud" of the deed. He said if he could consider the decision again, he wouldn't do it. He said that he did not see himself as "the saviour of the Netherlands" or as a martyr
.
On January 6, 2003, Van der Graaf was moved to the Pieter Baan Centrum (PBC) to begin the seven-week behavioural investigation. Disagreements between the Ministry of Justice and the management of the PBC over the conditions of his supervision delayed it. The Ministry wanted Van der Graaf under video surveillance 24 hours per day and isolated from other patients for his own safety. The PBC believed such cameras would prevent establishing the trust needed for the multi-disciplinary behavioural investigation. It took responsibility to supervise him in a small group so that the investigation could proceed optimally. On January 20, Van der Graaf said he was suspending his cooperation for the investigation. The Minister of Justice, Piet Hein Donner
, resolved the dispute by dropping the demands for video surveillance and isolation.
The report from the PBC was complete by about March 21. It found that Van der Graaf could be held completely accountable for the killing. The report also stated that Van der Graaf had an obsessive-compulsive personality disorder
, which explains his rigid moral judgements. Menno Oosterhoff, a child psychiatrist from Groningen, publicly suggested that the Pieter Baan Centrum may have overlooked the possibility that Van der Graaf has Asperger syndrome
. Oosterhoff later withdrew his theory. The PBC report stated that nothing could be said about the chance of another similar crime occurring, since the disorder had nothing to do with the murder. Van der Graaf agreed that he was accountable and that he had compulsive urges. The outcome of the investigation ensured that he would receive a prison sentence and not "TBS treatment".
-Osdorp over three days: March 27, March 31 and April 1. About 15 supporters of Fortuyn demonstrated outside the building, with banners such as "for less than 20 years we will smash the place up", "better fortuynist than socialist" and "the leftist church is criminal". The proceedings were followed by about 80 people, including a woman who disturbed the occasion by screaming at Van der Graaf, accusing him of such things as "destroying the whole of the Netherlands". Van der Graaf was counselled by the high-profile German-born attorney, Britta Böhler
.
Van der Graaf was charged with the premeditated murder of Fortuyn, two counts of possession of illegal weapons, namely the gun and the explosive mixture at his house, and a charge of threatening the life of Fortuyn's chauffeur by pointing his gun at him during the chase following the murder.
The prosecutor asked for life imprisonment for the killing, saying that an example must be set for anybody else attempting to frustrate the democratic process through criminal means. He said the crime was serious because of its victim and the consequences, and that to a certain degree it was a "political murder". Van der Graaf had irrevocably damaged the democratic political progress of Fortuyn, and had done it intentionally. For an exceptional crime, he deserved an exceptional punishment.
During the trial, Van der Graaf described his reasons for killing Fortuyn. He had hoped that the leaders of other political parties would criticize Fortuyn, but that it never happened. Fortuyn had the talent to channel criticism so that it never touched him. Van der Graaf said he had spoken to no one about his plan. He finished his planning just the day before the murder. He was wrestling with regret for the killing, finding the killing of somebody morally reprehensible. On May 6 he had felt justified, wanting to fight the danger of what Fortuyn represented, not the man. He did not find it easy to talk about feelings. Asked about the danger of accidentally injuring somebody other than Fortuyn in the attack, he said that he had been confident that that wouldn't happen. The 3FM DJ Ruud de Wild
said that he barely escaped with his life, as he received a bullet in the bag used for a shield.
To the argument that Fortuyn would have been chosen through democratic means, Van der Graaf said that that was also the case for Hitler. He compared the rise of Fortuyn to the rise of Nazism in the 1930s. In his final argument, he said that he had acted from his conscience, but that did not justify murder. He said it was absolutely not normal to shoot somebody to death.
Van der Graaf said he murdered Fortuyn to defend Dutch Muslims from persecution
. He wanted to stop Fortuyn from targeting "the weak parts of society to score points" and exploiting Muslims as "scapegoats" in an attempt to seek political power.
Van der Graaf said that he would not have committed the murder, at least not on that evening, if Fortuyn had been accompanied by security guards. This is relevant for accusations that the government should have provided security. On Tuesday, April 15, 2003, Van der Graaf was convicted and sentenced to 18 years' imprisonment.
were rejected by workers at the PBC. They said they had considered and rejected the possibility. The prosecution argued that the court had not taken account of the political nature of the murder, and asked again for life imprisonment. The defence argued that the sentence didn't take account of the harsh conditions under which Van der Graaf had been held, nor the damage that had been done by unsubstantiated allegations that had appeared in the media (such as the connection with Van der Werken), and requested a reduction in sentence to 16 years. The appeals court accepted some of the arguments from both parties, and on July 18, 2003 reiterated the sentence to 18 years' imprisonment.
Under Dutch law he must serve at least two thirds of the sentence, which is counted from the time of his arrest, making his earliest possible release in 2014.
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
politician Pim Fortuyn
Pim Fortuyn
Wilhelmus Simon Petrus Fortuijn, known as Pim Fortuyn was a Dutch politician, civil servant, sociologist, author and professor who formed his own party, Pim Fortuyn List ....
on 6 May 2002 during the political campaign. Van der Graaf was an animal rights and environmental activist, founder of a group that worked through litigation. In court at his trial, van der Graaf said he murdered Fortuyn to stop him from exploiting Muslims as "scapegoats" and targeting "the weak members of society" in seeking political power.
He was arrested shortly after shooting Fortuyn, who died immediately. In court Van der Graaf testified that he had become alarmed that Fortuyn was using Muslims and immigrants as scapegoats in a campaign to seek political power. He thought the politician endangered society with his controversial statements. Later Van der Graaf expressed doubt over his actions. His trial started on March 27, 2003. He was convicted on April 15, 2003 and sentenced to 18 years in prison. The trial generated large interest from the Dutch public, especially Fortuyn supporters. Van der Graaf appealed for the reduction of the sentence to 16 years, but on July 18, 2003, the appeals court upheld the previous sentence.
Early life and education
Van der Graaf was born in MiddelburgMiddelburg
Middelburg is a municipality and a city in the south-western Netherlands and the capital of the province of Zeeland. It is situated in the Midden-Zeeland region. It has a population of about 48,000.- History of Middelburg :...
. By the time he attended university in Wageningen
Wageningen
' is a municipality and a historical town in the central Netherlands, in the province of Gelderland. It is famous for Wageningen University, which specializes in life sciences. The city has 37,414 inhabitants , of which many thousands are students...
, he had become a vegan and an advocate of animal rights.
Career
Van der Graaf worked for the environmentalEnvironmentalism
Environmentalism is a broad philosophy, ideology and social movement regarding concerns for environmental conservation and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the concerns of non-human elements...
organisation Vereniging Milieu Offensief in Wageningen, which he had co-founded in 1992. His job involved challenging violators of environmental regulations through litigation. He concentrated particularly on contesting practices in intensive animal farming
Intensive farming
Intensive farming or intensive agriculture is an agricultural production system characterized by the high inputs of capital, labour, or heavy usage of technologies such as pesticides and chemical fertilizers relative to land area....
and fur farming
Fur farming
Fur farming is the practice of breeding or raising certain types of animals for their fur.Fur used from wild caught animals is not farmed, and is instead known as 'free range fur' because the animals have lived their lives free and natural in the wild....
. He was said to be highly motivated, working more than the four days per week of his contract. He was successful at litigation, winning about three out of every four cases.
Family life
Van der Graaf lived with his girlfriend and their infant daughter in HarderwijkHarderwijk
' is a municipality and a small city in the eastern Netherlands.- The history of Harderwijk :Harderwijk received city rights from Count Otto II of Guelders in 1231. A defensive wall surrounding the city was completed by the end of that century. The oldest part of the city is near where the...
, where they had moved in 2001. Some observers described him as stressed since the birth of their child on December 6, 2001.
Murder of Fortuyn
On May 6, 2002 Pim FortuynPim Fortuyn
Wilhelmus Simon Petrus Fortuijn, known as Pim Fortuyn was a Dutch politician, civil servant, sociologist, author and professor who formed his own party, Pim Fortuyn List ....
was shot and killed outside a radio studio in Hilversum
Hilversum
is a municipality and a town in the Netherlands, in the province of North Holland. Located in the region called "'t Gooi", it is the largest town in that area. It is surrounded by heathland, woods, meadows, lakes, and smaller villages...
at 6:00 p.m., just after he finished an interview. The interviewer Ruud de Wild
Ruud de Wild
Rudolf Alexander de Wild is a Dutch radio host. He is also a former DJ, VJ and was one of the faces of the now-defunct television network Talpa....
witnessed the murder. (He later had severe psychological problems as a result and divorced.)
Van der Graaf was arrested near the scene of the crime after a pursuit by witnesses. Details of the suspect were always officially reported as "Volkert van der G.", in accordance with unwritten Dutch privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
practice, but his full name was readily available on the net. His home and work addresses were soon circulated on web sites used by Fortuyn's supporters. Angry supporters gathered in several cities, so several people related to Van der Graaf went into hiding. His girlfriend and their daughter left their house on the evening of the murder.
The details of the murder emerged later; the accounts of the investigators and Van der Graaf were consistent. He had planned the attack using information obtained from the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
; printouts of a map of the scene of the crime and schedules of Fortuyn's appearances were found in his car. In two boxes of cartridges found at his home, seven cartridges were missing, the exact number loaded in his gun. The attack has been described as the work of a single person, an amateur shooter who used a relatively simple plan and did not prepare a good escape route.
Van der Graaf purchased his weapons illegally; a semi-automatic Star Firestar M43
Star Firestar M43
The Star M-43 Firestar is a single-action semi-automatic pistol that fires the 9 mm Para pistol cartridge. It was produced by the now defunct Star Bonifacio Echeverria, S.A. in Eibar, Spain...
http://world.guns.ru/handguns/hg113-e.htm pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
in a café in Ede
Ede, Netherlands
' is a municipality and a town in the center of the Netherlands, in the province of Gelderland.- Population centres :Community :* Bennekom: 14.749* De Klomp: 508* Deelen: 50* Ede : 67.812* Ederveen: 3.167* Harskamp: 3.464...
and 9mm cartridges in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
. After the murder of Fortuyn, the gun was linked to a suspect in the robbery of a jeweller in Emmen through DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
material found on the weapon.
On the day of the murder, he attended work in the morning, taking with him a backpack containing the gun, a pair of latex gloves, a baseball cap and a pair of dark glasses. At the end of the morning, he said he was taking the afternoon off on account of the beautiful weather. He drove towards Hilversum
Hilversum
is a municipality and a town in the Netherlands, in the province of North Holland. Located in the region called "'t Gooi", it is the largest town in that area. It is surrounded by heathland, woods, meadows, lakes, and smaller villages...
, knowing that Fortuyn was due to be interviewed in the radio studio of 3FM in the Mediapark
MediaPark
The MediaPark is a urban regeneration neighborhood in Cologne, Germany, completed by the turn of the millennium. It was set up to accommodate companies of the media and communication industry, as well as cultural institutions, a hotel and some apartment buildings. The MediaPark is situated in...
. During the trip he stopped several times, among other things to purchase a shaver to remove his stubble, which together with the cap and glasses would disguise his appearance, while the gloves would avoid leaving fingerprint
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
s. The shaver did not work.
He had never visited the Mediapark, relying on a map and a couple of photos to find his way in to the park on foot and to the building where Fortuyn's interview was held. Recognising Fortuyn's car in the carpark, he hid in some nearby bushes, burying the gun which was in a plastic bag in a shallow trough in case he was discovered. He could hear fragments of Fortuyn's interview from a speaker on the outside of the building. He waited there for about two hours.
Fortuyn emerged from the building in the company of several others. Van der Graaf walked in his direction of Fortuyn, and passed by him, then turned and opened fire. He said that he aimed for the back to avoid Fortuyn's ducking away, or that a bullet
Bullet
A bullet is a projectile propelled by a firearm, sling, or air gun. Bullets do not normally contain explosives, but damage the intended target by impact and penetration...
would mistakenly hit somebody else. He held the gun in both hands, with the plastic bag around it. Less than 1.5 metres from Fortuyn, he hit him in the back and head five times, and fired a sixth shot that missed.
Running away, Van der Graaf was chased by Hans Smolders, Fortuyn's chauffeur. Two employees from a different building joined in. During the chase, Van der Graaf threatened them by raising the gun in his jacket pocket toward them. They ran from the grounds of the Mediapark onto a public road, where Van der Graaf pointed the pistol at arms length at Smolders. He had been reporting their position to the police by mobile phone. Reaching a Texaco petrol station, Van der Graaf gave up when police pointed their pistols at him.
Initial investigations and conspiracy theories
For several months Van der Graaf refused to make any statement about the murder, on the advice of his lawyers. He was represented by BöhlerBritta Böhler
Britta Böhler is a lawyer in international law and human rights, and a member of the Dutch Senate for the GreenLeft Party. She was born in West Germany and became a Dutch citizen to run for political office....
, Koppe and Franken, with Franken leading.
In the months following the murder, many conspiracy theories were put forth by supporters of Fortuyn and others. Officials investigating the murder dismissed these popular rumors, declaring that no evidence had been found for the involvement of others. No evidence was found to support rumors that Van der Graaf had committed the earlier murder in 1996 of Van der Werken, an environmental official from Nunspeet
Nunspeet
Nunspeet is a municipality and town in the central Netherlands. It has been an agricultural site since prehistoric times. It contains a number of villages, like Oosteinde, Westeinde, Hulshorst, Elspeet, Vierhouten and Hoophuizen. Nunspeet has a vivid historical foundation, called Nuwenspete...
, nor that he had attended other appearances by Fortuyn.
On 7 July 2006, the national daily newspaper Telegraaf published an article alleging Van der Graaf's connection with the murder of Chris Van der Werken. The Telegraaf printed extracts of a secret police report on the murder of Van der Werken on its website. According to Mr. Quirijn Meijnen, a Dutch-based media lawyer who represents Van der Graaf, the accusations are grave and unfounded. He said that the publication of extracts of the secret police report infringed Van der Graaf’s privacy rights. The Telegraaf failed to mention that Van der Graaf was never a suspect in the murder case of Van der Werken.
After Van der Graaf's arrest, he was held in strict isolation until June 1. He could speak only to his lawyers and police and justice officials. He was kept under constant observation by video camera
Video camera
A video camera is a camera used for electronic motion picture acquisition, initially developed by the television industry but now common in other applications as well. The earliest video cameras were those of John Logie Baird, based on the electromechanical Nipkow disk and used by the BBC in...
.
A second search of Van der Graaf's home on June 24 found a chemical mixture, calcium chlorate
Calcium chlorate
Calcium chlorate is the calcium salt of chloric acid with the chemical formula of Ca2. Like potassium chlorate, it is a strong oxidizer and can be used in pyrotechnic formulations. It is a crystalline substance...
and sugar, hidden in 35 condoms in his garage. Nearby were flasks of sulphuric acid. Experts said the substances could be combined to make a fire bomb or explosive material. Van der Graaf later said that he had fabricated the materials around 1990-1992 for experimentation purposes and had forgotten about them.
First hearing
The first "pro formaPro forma
The term pro forma is a term applied to practices or documents that are done as a pure formality, perfunctory, or seek to satisfy the minimum requirements or to conform to a convention or doctrine...
" hearing in his trial started on August 9, which Van der Graaf watched on TV from his cell in the Bijlmerbajes
Bijlmerbajes
The Bijlmerbajes is a prison complex in Amsterdam, the Netherlands, near the Amsterdam Amstel railway station. The official name is Penitentiaire Inrichting Over-Amstel, although it is also known as Penitentiaire Inrichting De Stadspoort or Penitentiaire Inrichtingen Amsterdam...
prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
. The prosecution outlined its evidence, which included the finding of DNA matching Fortuyn on Van der Graaf's clothes and gun, matching of the bullets used in the attack with the gun, and eye-witnesses who pursued him continuously from the murder scene to the point of arrest. The defence complained that lack of discretion in reporting by the press and statements by public officials would make it difficult to obtain a fair trial. It requested calling as witnesses several politicians who had made public comments about the murder, including the past and present Prime Ministers
Prime Minister of the Netherlands
The Prime Minister of the Netherlands is the chairman of the Council of Ministers of the Netherlands. He is the de facto head of government of the Netherlands and coordinates the policy of the government...
Wim Kok
Wim Kok
Willem "Wim" Kok ; born September 29, 1938) is a retired Dutch politician of the Labour Party . He served as Prime Minister of the Netherlands from August 22, 1994 until July 22, 2002....
and Jan Peter Balkenende
Jan Peter Balkenende
Jan Pieter "Jan Peter" Balkenende is a Dutch politician of the party Christian Democratic Appeal .He was the Prime Minister of the Netherlands from 22 July 2002 until 14 October 2010, having led four coalition governments, cabinets Balkenende I, II, III and IV, none of which served a full...
, as well as various members of Lijst Pim Fortuyn including Herben and Janssen van Raay.
On the morning of September 3, Van der Graaf's girlfriend was arrested at her workplace in connection with the chemicals found at their former home. Her lawyer and the lawyers of Van der Graaf denounced this as an attempt to pressure Van der Graaf into making a statement. She was released two days later and eventually cleared of any suspicion after Van der Graaf made a statement on her behalf.
Second hearing
During a second "pro forma" hearing on November 4, it was decided that the trial would be delayed while Van der Graaf was sent for seven weeks of psychiatric observation at the Pieter Baan CenterPieter Baan Center
The Pieter Baan Centre is a forensic psychiatric observation clinic in Utrecht, Netherlands, operated by the Ministry of Security and Justice, where suspects of crimes in the Netherlands are observed to ascertain whether they can be held wholy responsible for their suspected crimes...
, starting in the first week of January 2003. In a press statement of November 23, the prosecution (Public Ministry) announced that Van der Graaf had confessed to the murder. He said he planned it for some time and that nobody else was involved in the plans or knew about them. He believed Fortuyn was a steadily increasing danger for vulnerable groups in society. He saw no other possibility than to end the danger by killing Fortuyn.
In response to the confession, Mat Herben said he was still not convinced that Van der Graaf had acted alone. Fortuyn's brother Marten said he was not surprised by the confession but feared that Van der Graaf was setting himself up as "saviour of the fatherland".
The confession has not been made publicly available. Reports have asserted that Van der Graaf said he was "not proud" of the deed. He said if he could consider the decision again, he wouldn't do it. He said that he did not see himself as "the saviour of the Netherlands" or as a martyr
Martyr
A martyr is somebody who suffers persecution and death for refusing to renounce, or accept, a belief or cause, usually religious.-Meaning:...
.
On January 6, 2003, Van der Graaf was moved to the Pieter Baan Centrum (PBC) to begin the seven-week behavioural investigation. Disagreements between the Ministry of Justice and the management of the PBC over the conditions of his supervision delayed it. The Ministry wanted Van der Graaf under video surveillance 24 hours per day and isolated from other patients for his own safety. The PBC believed such cameras would prevent establishing the trust needed for the multi-disciplinary behavioural investigation. It took responsibility to supervise him in a small group so that the investigation could proceed optimally. On January 20, Van der Graaf said he was suspending his cooperation for the investigation. The Minister of Justice, Piet Hein Donner
Piet Hein Donner
Jan Pieter Hendrik "Piet Hein" Donner is a Dutch politician of the Christian Democratic Appeal . He is the Minister of the Interior and Kingdom Relations in the Cabinet Rutte since October 14, 2010....
, resolved the dispute by dropping the demands for video surveillance and isolation.
Third hearing
On January 29, 2003 a third "pro forma" hearing was held in which the dates for the trial were set. Since the subject of the trial was expected to be not so much the question of the guilt of Van der Graaf, but instead the degree of the punishment, the report of the Pieter Baan Centrum was considered highly significant, in case it found that he was of "diminished responsibilities". After the completion of the investigation on March 14, he was returned to his prison cell in the Bijlmerbajes.The report from the PBC was complete by about March 21. It found that Van der Graaf could be held completely accountable for the killing. The report also stated that Van der Graaf had an obsessive-compulsive personality disorder
Obsessive-compulsive personality disorder
Obsessive–compulsive personality disorder is a personality disorder characterized by a pervasive pattern of preoccupation with orderliness, perfectionism, and mental and interpersonal control at the expense of flexibility, openness, and efficiency.- Signs and symptoms :The primary symptoms of OCPD...
, which explains his rigid moral judgements. Menno Oosterhoff, a child psychiatrist from Groningen, publicly suggested that the Pieter Baan Centrum may have overlooked the possibility that Van der Graaf has Asperger syndrome
Asperger syndrome
Asperger's syndrome that is characterized by significant difficulties in social interaction, alongside restricted and repetitive patterns of behavior and interests. It differs from other autism spectrum disorders by its relative preservation of linguistic and cognitive development...
. Oosterhoff later withdrew his theory. The PBC report stated that nothing could be said about the chance of another similar crime occurring, since the disorder had nothing to do with the murder. Van der Graaf agreed that he was accountable and that he had compulsive urges. The outcome of the investigation ensured that he would receive a prison sentence and not "TBS treatment".
The trial
The trial was held in a high-security court in AmsterdamAmsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
-Osdorp over three days: March 27, March 31 and April 1. About 15 supporters of Fortuyn demonstrated outside the building, with banners such as "for less than 20 years we will smash the place up", "better fortuynist than socialist" and "the leftist church is criminal". The proceedings were followed by about 80 people, including a woman who disturbed the occasion by screaming at Van der Graaf, accusing him of such things as "destroying the whole of the Netherlands". Van der Graaf was counselled by the high-profile German-born attorney, Britta Böhler
Britta Böhler
Britta Böhler is a lawyer in international law and human rights, and a member of the Dutch Senate for the GreenLeft Party. She was born in West Germany and became a Dutch citizen to run for political office....
.
Van der Graaf was charged with the premeditated murder of Fortuyn, two counts of possession of illegal weapons, namely the gun and the explosive mixture at his house, and a charge of threatening the life of Fortuyn's chauffeur by pointing his gun at him during the chase following the murder.
The prosecutor asked for life imprisonment for the killing, saying that an example must be set for anybody else attempting to frustrate the democratic process through criminal means. He said the crime was serious because of its victim and the consequences, and that to a certain degree it was a "political murder". Van der Graaf had irrevocably damaged the democratic political progress of Fortuyn, and had done it intentionally. For an exceptional crime, he deserved an exceptional punishment.
During the trial, Van der Graaf described his reasons for killing Fortuyn. He had hoped that the leaders of other political parties would criticize Fortuyn, but that it never happened. Fortuyn had the talent to channel criticism so that it never touched him. Van der Graaf said he had spoken to no one about his plan. He finished his planning just the day before the murder. He was wrestling with regret for the killing, finding the killing of somebody morally reprehensible. On May 6 he had felt justified, wanting to fight the danger of what Fortuyn represented, not the man. He did not find it easy to talk about feelings. Asked about the danger of accidentally injuring somebody other than Fortuyn in the attack, he said that he had been confident that that wouldn't happen. The 3FM DJ Ruud de Wild
Ruud de Wild
Rudolf Alexander de Wild is a Dutch radio host. He is also a former DJ, VJ and was one of the faces of the now-defunct television network Talpa....
said that he barely escaped with his life, as he received a bullet in the bag used for a shield.
To the argument that Fortuyn would have been chosen through democratic means, Van der Graaf said that that was also the case for Hitler. He compared the rise of Fortuyn to the rise of Nazism in the 1930s. In his final argument, he said that he had acted from his conscience, but that did not justify murder. He said it was absolutely not normal to shoot somebody to death.
Van der Graaf said he murdered Fortuyn to defend Dutch Muslims from persecution
Religious persecution
Religious persecution is the systematic mistreatment of an individual or group of individuals as a response to their religious beliefs or affiliations or lack thereof....
. He wanted to stop Fortuyn from targeting "the weak parts of society to score points" and exploiting Muslims as "scapegoats" in an attempt to seek political power.
Van der Graaf said that he would not have committed the murder, at least not on that evening, if Fortuyn had been accompanied by security guards. This is relevant for accusations that the government should have provided security. On Tuesday, April 15, 2003, Van der Graaf was convicted and sentenced to 18 years' imprisonment.
Appeals
The prosecution and the defence both made appeals against the sentence. Prior to the appeal, suggestions in the media that Van der Graaf may have had Asperger syndromeAsperger syndrome
Asperger's syndrome that is characterized by significant difficulties in social interaction, alongside restricted and repetitive patterns of behavior and interests. It differs from other autism spectrum disorders by its relative preservation of linguistic and cognitive development...
were rejected by workers at the PBC. They said they had considered and rejected the possibility. The prosecution argued that the court had not taken account of the political nature of the murder, and asked again for life imprisonment. The defence argued that the sentence didn't take account of the harsh conditions under which Van der Graaf had been held, nor the damage that had been done by unsubstantiated allegations that had appeared in the media (such as the connection with Van der Werken), and requested a reduction in sentence to 16 years. The appeals court accepted some of the arguments from both parties, and on July 18, 2003 reiterated the sentence to 18 years' imprisonment.
Under Dutch law he must serve at least two thirds of the sentence, which is counted from the time of his arrest, making his earliest possible release in 2014.