Exposing “Ghosts” – An Online Hunt for Assad’s Thugs in Europe

A member of the Shabiha, with a tattoo of President Assad on his disproportionately large left arm
A member of the Shabiha, with a tattoo of President Assad on his disproportionately large left arm

A member of the Shabiha, with a tattoo of President Assad on his disproportionately large left arm

By Koen Kluessien -

 

“We love Assad because the government gave us all the power – if I wanted to take something, kill a person or rape a girl I could […]. The government gave me 30,000 Syrian pounds per month and an extra 10,000 per person that I captured or killed. I raped one girl, and my commander raped many times. It was normal.” This confession describes only one of many atrocities perpetrated by the Shabiha. According to a 2016 country report on Human Rights Practices conducted by the US State Department, these militias systematically perpetrated rape and other attacks on civilian populations. At least 7,672 incidents of sexual abuse were perpetrated since the beginning of the conflict. These predominantly Alawite pro-Assad death squads intimidate, rape, and kill Syrians who oppose the regime. It is no coincidence that Shabiha is Arabic for “ghost” or “shadow”. The militias feel untouchable. Some of these “ghosts” have now found their way to Europe, while their crimes have remained unpunished.

The Shabiha have been around for a long time. In the 1980s and 90s they smuggled food, cigarettes, and other commodities into Lebanon, selling these products with a huge profit. The smuggling was state sponsored and seemingly innocent. However, on the other side of the border luxury cars, guns, and drugs were smuggled from Lebanon into Syria’s state controlled economy. The Shabiha were nothing short of Syrian mobsters and were known for their brutal way of protecting their own business. When Bashar al-Assad came to power, the group was said to be disbanded. However, when the Syrian protestors took to the streets, the Shabiha gangs evolved into militia groups. This time not simply to smuggle products from and to Syria, but also to beat civilians into submission.

The Shabiha are Assad’s militia on steroids, literally. The members of the death squads are often described as wearing trainers and civilians clothes, added with a military style crew cut. What stands out most is their physique. According to one physician many of the members are recruited from bodybuilding gyms and are given steroids. This results in the militiamen resembling a somewhat chubbier and far more scarier version of Arnold Schwarzenegger. It must be added that many of the current Shabiha do not resemble this stereotypical look anymore. Still, they are far from ordinary men.

One question that immediately arises is: why are these fighters granted asylum? And more importantly, what are they doing here? There is not yet a clear cut answer to both questions, but open source research by human rights activists provides us with some answers. Humanitarian asylum is only granted to civilians, not to fighters. UNHCR clearly states that “military activity is incompatible with the very institution of asylum. Persons who pursue military activities in a country of asylum cannot be asylum-seekers or refugees.” Still, government militants are often not seen as a threat to the European way of life. Shabiha smoke and drink, are not devout Muslims, and wear Western clothes. With the authorities unaware of the crimes these militias committed, they are generally seen as people who would integrate into our society easily.

The militiamen are under close scrutiny of a special team within the Dutch police force. Still, even the police often has to rely on anonymous tips from refugees who have recognized war criminals. Militias have also been located by open source researchers in European countries such as Germany, Sweden, and the Netherlands. Still, they feel untouchable, even when they are not directly protected by the Syrian government. The alleged war criminals carelessly post photos of their whereabouts on Facebook and other social media. Luckily, this makes it easier for researches to locate them and link them to photos and videos of them wearing combat uniforms and committing war crimes. Already a number of researchers and organizations are posting the names and details of foreign fighters who have been geolocated in European cities. Combined with eyewitness accounts from victims who are now asylum seekers and human rights reports this information can counter impunity. More importantly, human rights activists have received intelligence that a number of Shabiha have been sent by Syrian regime intelligence (the Mukhabarat) to spy on refugees.

Layth Ayman Munshdi is one example of a fighter that sought refuge in Europe and was tracked down by open source researcher Ben Davies, simply using social media. Munshdi joined a pro-regime militia to fight in the armed conflict Moreover, he took part in executions. He also posted photos of himself standing on the bodies of the dead Sunni men he most likely murdered. Later he was located in Neustadt, Germany simply because he uploaded photos from his new life in Europe. He remained there for several months, until Syrians started posting about the crimes he committed. Munshdi consequently deleted his account, he was then lost out of sight for a while. He now resides in Damascus and rejoined the Shi’a militias in Damascus.

 

Layth Ayman Munshdi as a fighter and as an “asylum seeker” in Greece

Layth Ayman Munshdi as a fighter and as an “asylum seeker” in Greece

 

The human rights activists conducting the much needed open source research are often Syrian refugees themselves. Needless to say, these researchers are biased in one way or another. When one researchers was asked if he would also publish articles on war criminals from the Syrian opposition he stated that he had not yet found any. It is clear that there is a margin of error to the research. Still, they analyze every detail there is to be found about the individuals. The information is then corroborated with human rights organizations on the ground.

Much of the open source research is conducted by human rights activists that are not part of a police force. They provide us with some much needed awareness on the crimes of the Syrian regime, but they lack any form of judicial power. Luckily, some of the pro-Assad militias residing in Europe are now on the radar of police forces and intelligence agencies. Special war crimes units have started interviewing eyewitnesses and victims, in case a Syrian tribunal is ever established. This pro-active attitude is essential to build a case against war criminals. Still, it is unclear if such a war crimes tribunal will ever come to fruition. Many countries see Assad as the lesser of two evils, arguing that to fight ISIL they must maintain diplomatic relations with the Assad regime. Consequently ignoring that the atrocities committed by the regime forces are often as atrocious as those committed by the Islamic State. If the Shabiha escape any form of sentencing, they will forever haunt the minds of their victims.

 

A Papal Apology: the cultural context of a public apology

From the Sister Annette Potvin fonds, PR2010.0475/1
From the Sister Annette Potvin fonds, PR2010.0475/1, Provincial Archives of Alberta

Students at Blue Quills Residential School, Alberta, Canada, 1940. From the Sister Annette Potvin fonds, PR2010.0475/1, Provincial Archives of Alberta

 

By Marieke Zoodsma –

 

Not only President Trump took the opportunity of the G7 summit in Italy to meet the highest leader of the Catholic Church, Pope Francis. Justin Trudeau, Prime Minister of Canada, also met with the pontiff in the Vatican last week where they, according to the Vatican Press Office, talked about themes of integration and reconciliation. That the pope and the Canadian PM discuss such topics during a meeting is not coincidental: the Catholic Church played an important role in the Canadian residential school system that abused indigenous children for over a century. The legacy of this residential school system is one of the major obstacles for reconciliation between Canada and its Indigenous communities. Thus, as part of moving forward in the reconciliation process, Trudeau came to Vatican to ask for one thing: an official apology from the Catholic Church.

 

The Canadian residential schools were part of the Indian Act, set up by the Canadian government in the 1880s, and mandated education for indigenous children. This education would take place in boarding schools, away from the children’s homes, and would subject them to forced conversion and abuse. The system was based on the assumption that indigenous spirituality and communities were inferior and unequal, captured in the infamous phrase “to kill the Indian in the child” – a policy that has been argued to constitute cultural genocide. The last residential school closed in 1996.

 

These schools were often set up in partnership with the Church. In the 1930s, some 80 residential schools were operating across the country, of which 44 were run by Roman Catholics, 21 by the Church of England (now the Anglican Church of Canada), 13 by the United Church of Canada, and 2 by Presbyterians. The crucial role of the Church in this schooling system has been thoroughly examined by the Canadian Truth and Reconciliation Commission, where one of the most important outcomes was that a formal papal apology is necessary for genuine reconciliation to move forward (TRC Report – Call to Action paragraph 58). Former Canadian Prime Minister Stephen Harper officially apologized in name of the Canadian government in 2008. From the 1990s onwards, the Anglican, Presbyterian and United churches have issued, through a moderate who spoke for the whole Church, a formal apology. One article on the matter of the papal apology read: “Formal apologies have also been made by the Anglican, Presbyterian and United churches, which also ran some of the schools. The previous pontiff, Pope Benedict, met with survivor of the system Phil Fontaine in 2009, but did not formally apologize. Instead, he shared his ‘sorrow’ and ‘sympathy’.”

 

This is where the interesting twist lies: what does it exactly mean to formally, officially and publicly apologize? Are there certain rules that it should abide by, and are these universally accepted? Many scholars argue that a ‘correct’ apology should consist of several factors: an acknowledgment of wrongdoing, the acceptance of responsibility, an expression of remorse, the promise of non-repetition, and the apology needs to be sincere. However, this assumes a check-list approach to political apologies – an approach that can be seen to decontextualize the phenomenon. An apology is a social performance that is aimed to restore a temporarily broken relationship – in the case of political apologies that between the perpetrator state and the victims –, a relationship that is broken through the violation of a shared moral code. This shared moral code (the norms and values of a culture), the social relationship (intergroup contact) that is violated, and the social performance (an apology) are all culturally and situationally grounded concepts. In other words: whether or not an apology can be – or is – successful, depends on the cultural context. Is it even possible for a head of state to sincerely apologize, and what form does this take within different communities? What is the framing of the apology; who is the spokesperson (actor), what is the setting (stage), what are the exact words used (content)?

 

It is intriguing that one of the most powerful and famous apologies that has been offered in our so-called age of apology does not contain any words: the genuflection of the German Chancellor Willy Brandt in 1970. The Kniefall of the German chancellor at the memorial for the Jewish Uprising in Warsaw was the first symbolic public representation of German guilt and opened the way for new forms of collective remembrance. It was a gestural social performance that expressed a feeling of remorse, repentance, and acknowledged Germany’s past as a perpetrator. Our guest writer Renate Vink argued in her article: “… what the Warschauer Kniefall teaches is that we cannot simply dismiss the value and potential of such gestures or apologies by merely looking at our current (political) circumstances”. To understand the salient impact of the Kniefall, the cultural meaning attributed to this non-verbal performance needs to be taken into account. Such a gesture might not work in a different situation, with different actors, and in a different culture.

 

The report of the TRC reads: “An official apology constitutes a public admission that acceptable societal norms and values have been violated and that, as a result, civic trust has been broken.” An acknowledgment of past suffering by the highest leader of the Catholic church can be an important driving force for reconciliation on a social and cultural level – once offered to meet the criteria of the Indigenous culture. It is therefore that Trudeau specifically asked the pope to come to Canada to offer his apology in name of the church. Indigenous people document their histories through oral-based tradition, including the official recording of apologies made in order to rectify suffering. If the Vatican is honest and willing to transform its relationship with Canada’s indigenous people and to come to terms with the dark pages of its past, the church must understand and respect the Indigenous people’s own concepts of reconciliation.

 

Film Review: A Good Wife – The Family Life of a War Criminal

Film poster to A Good Wife (Dobra Zena)

 

Film poster to A Good Wife (Dobra Zena)

Film poster to A Good Wife (Dobra Zena)


By Koen Kluessien and Marieke Zoodsma 

 

Perhaps one of the most disturbing (moving) images from the wars in the former Yugoslavia are those shot on the so-called Scorpion Tape. The tape is named after the paramilitary unit that produced the video, Škorpioni – who curiously named themselves after their favorite weapon, the Škorpion vz. 61 machine pistol. The Scorpions, founded in 1991, were a Serbian nationalist paramilitary group consisting of several hundred armed groups who were involved in multiple combat operations during the wars. The full-length 2-hour tape depicts the activities of the unit between 1994 and 1995, with the Trnovo murders in July 1995 as its disturbing climax. It shows how members of the unit transport six Bosniak men who were captured after the fall of Srebrenica, physically and mentally abuse them, and finally execute them. In Serbia, where a culture of denial about (Serbia’s involvement in) the war crimes is widespread, the video caused huge commotion after it was made public in 2005 during the trial of Slobodan Milošević, leading to several arrests of those Scorpion members captured on the tape.


So, one might ask, who kept the tape for all these years? Who knew about its existence and why did that person come forward with it after ten years? A Good Wife (Dobra Zena)
, one of the featured films of the Movies that Matter Film Festival 2016 and now On Tour, questions such as these are cleverly intertwined in the storyline. The film shows the family life of one of the members of the Scorpion unit, several years after the war. It is reminiscent of the ordinary life of a mobster that is told in the HBO series The Sopranos, in which the story focuses on the criminal activity of mafioso Tony Soprano but primarily aims to depict the everyday life of his family. This is also the aim of A Good Wife: instead of outlining the life of Serbian paramilitary Vlado (who even has an uncanny resemblance to Tony Soprano: fat, slightly balding, and with an appearance that breathes authority) it focuses on his wife Milena. The film asks the question what the family members of a paramilitary – or a mobster for that matter – know, and more importantly, want to know.


According to sociologist Stanley Cohen, this paradox of both knowing and not-knowing lies at the heart of the concept of denial (read here Marieke’s article on current day examples of denial and Koen’s article on genocide denial by Serbian politicians). Denial is intrinsically partial as some information is always registered. What is important is what one does with that information. Milena knows her husband was in the military during the war and we see her watching the news about the aftermath of the mass atrocities committed by Serbian units. However, she does not ask him any questions, not even when she sees him getting heavily agitated after watching a human rights activist comment on the war crimes on the television. She has a suspicion but does not have an “enquiring mind”, as Stanley Cohen would call it.


Alienation and demonization are often heard reactions to distance oneself from the cruel actions of perpetrators of mass atrocities. It is easier to see perpetrators of mass violence as intrinsically evil people. They can thereby remain the so-called “Other”; something that stands so far from us that we do not truly have to understand it. A Good Wife excellently depicts the opposite. It provides the audience with a unique insight into the ordinary life of a war criminal, when the violence is over and life turns back to “normal”. Yes, Vlado is easily annoyed, has a bad relationship with his eldest (progressive) daughter, and is still an overt believer of the nationalist Serbian cause – but furthermore comes across as the average husband. We see him buying jewelry for Milena’s birthday, sitting at the head of the dinner table, and going out together with friends. As the film progresses, however, coping techniques cannot hold back his lingering trauma and it starts to affect his family life.


The key scene in the storyline of A Good Wife is the moment when Milena finds a copy of the Scorpion tape in one of her husband’s drawers. Unaware of what the tape actually contains, she turns it on and sees her husband and his comrades commit the above-described crimes. Heavily upset she turns it off. The leading question of the film remains, now that she cannot deny the involvement of her husband in these crimes, what will she do with the evidence?

 

The actual Scorpion tape was found by Nataša Kandić, a human rights activist from Belgrade, who tracked down one of the Scorpion members that was in possession of the tape. There had been twenty copies, but when Slobodan Medić Boca (the commander of the Scorpions) realized that the images could be used against him, he ordered the destruction of the footage. However, one Scorpion who was not present at the executions and did not have good relations with his former comrades made an extra copy and hid it in Bosnia. On the same day, the tape was sent to the Special Prosecutor for War Crimes in Belgrade and to the Office of the Prosecutor at the ICTY. When the video was played in Serbia, it was the first time Serbia was confronted with a crime committed by Serb forces in Bosnia.

 

Serbian politicians later acknowledged the crime. At that point it seemed like the Serbian “state of denial” was about to change and Serbians would be ready to deal with their past. Indeed, many people still give credit to the tape for “sending shockwaves through society”. Unfortunately, the truth is slightly different. Quickly the discourse changed back to usual statements showing the unwillingness to confront the past. The taped killings were relativized by pointing out crimes committed against Serbs that were still unpunished. When asked why the video had not had more effect, Dejan Anastasijević, a journalist for the newspaper Vreme, responded: “Public opinion [has been] cemented by now – it’s been 10 years. All I can say is that the capability of the human mind of refusing to face unpleasant facts keeps on amazing me”.

 

A Good Wife depicts the family life of a war criminal as if they were your neighbors. Hopefully, it will also prove to be not only a thought provoking film filled with well-written symbolism and moving actors but also a step forward in taking down the wall of denial in Serbia.

 

 

Different Shades of Denial: are the White House and the German far right relativizing the Holocaust?

Auschwitz II-Birkenau, November 2016. Picture by Marieke Zoodsma
Auschwitz II-Birkenau, November 2016. Picture by Marieke Zoodsma

Auschwitz II-Birkenau, November 2016. Picture by Marieke Zoodsma

By Marieke Zoodsma

 

January is an important month for those involved in Holocaust remembrance; the 27th of January, the day that Auschwitz concentration camp was liberated by the Red Army, is International Holocaust Remembrance Day. It is a month in which events are organised that involve Holocaust remembrance or topics related to the crimes of the Nazi regime, such as the Nooit Meer Auschwitz lecture in Amsterdam. It is also a month in which politicians engage in public statements regarding (the commemoration of) the Holocaust and the Second World War. However, it is also in the realm of politics where genocide, be it the Holocaust or any other, can become a dangerously fluid, unclear and undefined concept. Lobbyists, activists, and politicians from all different sides of the political spectrum use the term for their own agenda, thereby often (wilfully?) misinterpreting the facts. I will point out two examples.


At a speech in Dresden
on the 17th of January, Björn Höcke, a politician from the German right-wing Alternative for Germany party (AfD), labelled the Berlin Holocaust memorial a ‘monument of shame’. Höcke, a former history teacher, said; “Until now, our mental state continues to be that of a totally defeated people. We Germans are the only people in the world that have planted a monument of shame in the heart of their capital.”. General outrage from within as well as outside Germany followed as Höcke was being condemned for his statement as being anti-Semitic and a demagogue. One way or another, it is highly questionable if a political figure should engage in such inflammatory comments on (the remembrance of) a not-so-long-ago history. Perhaps his political agenda guided him otherwise.


The United States White House commemorated International Holocaust Remembrance Day with a statement. The statement reads: “It is with a heavy heart and somber mind that we remember and honor the victims, survivors, heroes of the Holocaust. It is impossible to fully fathom the depravity and horror inflicted on innocent people by Nazi terror.”. Here too the statement was followed by astonishment since it did not include Jews, Judaism or antisemitism. Jonathan Freedlander commented in The Guardian: “The Nazis were broad in their hatred, targeting Roma, gay people and disabled people, as well as socialists, communists and many others. But any full account of that period begins with the recognition that Jews were singled out for total eradication.”. According to professor Deborah Lipstadt, whose story on Holocaust denial is intriguingly depicted in the film Denial, it is a form of classic “softcore denial” of the Holocaust. According to Lipstadt, the statement is not necessarily denying the facts but it minimizes them; arguing that the Jews as a group were not particularly targeted for destruction. This way, the Holocaust is de-Judaized.


Denial comes in many shapes and forms. The deaths in a genocide can for instance be rationalized as a result of an ‘age old conflict’ (as the Bosnian Serb leader Radovan Karadžić did during the Bosnian war), or the statistics can be questioned or minimized. A common form of denial, especially among lawyers and politicians, is the claim that what is going on is not genocide. It is a definitional argument of which the United States State Department employees were fully aware when they drafted a memo in May 1994 (during the Rwandan genocide) saying; “Be careful … Genocide finding could commit U.S.G. to actually ‘do something’”. Different actors can deny certain things from having happened, from individual politicians to states – such as Turkey denying the Armenian genocide.


In the described statements, Holocaust denial or not, politicians are venturing out onto a slippery slope. Where the German politician Höcke can be said to trivialize the remembrance of the Holocaust, the United States government is minimizing the suffering of the Jews in the Holocaust. As with many historical events – and perhaps especially commemorations – the Holocaust is being used for political agendas. Höcke, in the face of the refugee crisis and the recent terrorist attack in Berlin, might want to construct the image of a unified glorious German people to build on a better and brighter future instead of a defeated people with a shameful past. The motives for the United States might be focussed on combating the Jews “special pleading” over the Holocaust.


The sociologist Stanley Cohen offers an interesting perspective in his influential work States of Denial (2001). Trying to answer the question “how could people simultaneously know and not know about certain matters?”, Cohen argues that there seem to be “states of mind, or even whole cultures, in which we know and we don’t know at the same time”. The language that was being used during the extermination process is hereby an important aspect. The euphemisms, or language rules, that were deployed in the extermination process made it possible to deny what was actually happening; “the victims of Nazi atrocities were ‘deported’ to ‘work camps’ for ‘special actions’”. The meaning of the Holocaust is hereby simultaneously literally denied and one can thus claim it did not happen – during but also afterwards the genocide itself.


These language rules that are being used to literally deny and thereby reject the actual meaning of the Holocaust sound awkwardly reminiscent to the “alternative facts” (“falsehoods”, or in other words: denying the truth) of the new Trump administration. And we venture out further on that slippery slope…

 

The Netherlands and “Criminal Refugees” from Afghanistan: political misconceptions

Edo Dijkgraaf - Raad van State (CC-BY)

 

Edo Dijkgraaf - Raad van State (CC-BY)

Edo Dijkgraaf – Raad van State (CC-BY)

 

By Arja Oomkens

 

On 23 September 2016, the Dutch Section of the International Commission of Jurists (NJCM), a commission that focuses on the protection of human rights in the Netherlands, announced that they had filed a lawsuit against the Dutch state for a wrongful act committed with respect to an Afghan person with a valid asylum residence permit.

 

The Afghan asylum-seeker in question fled for fear of persecution by the Taliban during the late 90’s and received asylum in the Netherlands. Eighteen years later, when the Dutch State found out that he had worked for the secret services of the Afghan communist regime (1978-1992), his residence permit was withdrawn without any individual investigation.

 

This was possible because of Dutch immigration policy on Afghanistan (set up in 2000): it stipulates that everyone who has worked for the Afghan secret services between 1978 and 1992 has per definition committed serious human rights abuses and is therefore not entitled to an asylum residence permit. These persons are excluded from the protection guaranteed under the Refugee Convention because they meet the criteria for article 1F of this Convention. Therefore, they are referred to by the Dutch state as so-called “1F-ers,” or in the terms of the media: “criminal asylum-seekers.”

 

The Dutch state is one of the few[1] EU member states that requires alleged “1F-ers” to prove that they were not involved in any human rights abuses. In this specific situation, the Afghan person denied any involvement in 1F classified human rights abuses, since he had only worked within the administrative division of the secret services. Nevertheless, because he did not have any documents to prove his point, the Dutch state applied the 1F principle to withdraw his residence permit.

 

It is important to note in this regard that it is unlikely that any other decision could have been made in a similar situation. Gaibar Hasami, a board-member of the Dutch 1F Foundation, points out that a lot of people that worked for the Afghan secret services did not know that human rights abuses were being committed in the name of their employer. This had to do with the fact that the majority of 80.000 people worked for the “above-ground” secret services, while a minority worked for the “underground” secret services – only the latter committed human rights abuses. However, it is impossible to prove this since the secret services have done everything within their power to hide any evidence that points to human rights abuses. With no evidence available to prove their guilt or innocence, “1F-ers” are excluded from protection based on the premise that there are serious reasons for considering their involvement in human rights abuses two decades ago.

 

Consequently, the Afghan “1F-er” in question appeared before the Council of State, the highest authority in the Netherlands with respect to immigration affairs, to appeal the withdrawal of his residence permit. As with all other appeals with regard to Dutch 1F immigration policy on Afghanistan, the Council of State upheld the decision to withdraw his residence permit.

 

From the perspective of the Afghan “1F-er” and the NJCM this decision violates European Union law because no individual investigation was conducted, and because no reference for a preliminary ruling to the Court of Justice of the European Union (CJEU) in Luxembourg was made. Based on EU law, the withdrawal of residency under such circumstances would mean a wrongful act was committed by the Dutch State. Therefore, the implicated Afghan person and the NJCM now ask the District Court in The Hague to confirm this verdict.

 

Evidently, such a verdict will be in the interest of all alleged Afghan “1F-ers.” Because the situation in Afghanistan is still dangerous for them, many Afghan “1F-ers” – who have lived in the Netherlands for up to 20 years – cannot be expelled by the Dutch State. Their situation nevertheless remains insecure: when the security situation in Afghanistan changes they may be expelled at any time. Is this reasonable when they have built up their family life in the Netherlands? Even though there has never been any investigation into the specific circumstances of their situation?

 

One thing must not be forgotten: Afghan “1F-ers” who have lived in the Netherlands for almost two decades initially applied for asylum because they feared persecution in Afghanistan. In the abovementioned case, the Afghan asylum-seeker entered the Netherlands because of his fear of persecution by the Taliban. The Dutch state considered his story credible and therefore granted him asylum. This means it was considered credible that the Afghan asylum-seeker had been victimized and would be victimized again by the Taliban if sent back. Therefore, Dutch 1F immigration policy on Afghanistan does not protect victims of human rights abuses as it can wrongly exclude asylum-seekers in need of protection.

 

Article 1F is part of a convention drawn up to protect those in need of protection, yet in practice, its application in the Netherlands leads to blatant injustices. Based on political misconceptions of responsibility (both of the state and of the person), it fails to protect those it was designed to. Under 1F, victims are turned into perpetrators, their most fundamental rights upended, and ultimately, their safety and wellbeing compromised. For now, “1F-ers” like the Afghan person in this article have no option but to wait, hoping that the outcome of the lawsuit against the Dutch state can change their situation.

 

[1] Next to the Netherlands, only the Czech Republic consistently reverses the burden of proof with regard to a 1F situation, see this website for more info.