Mugged in Maastricht

Crossroads writer Danya Chaikel tells of her experience with the Maastricht justice system.

I have lived and travelled in many cities around the world and when I came to cobbled streets of Maastricht I felt safer than ever before. I really couldn’t imagine there being much crime in this picturesque ‘village’. My naiveté was crushed on 11 January 2007 when I was attacked and robbed on a bike path off Cabergweg.

I was riding my bike home just after 22.00 and the path was quite busy. Just before reaching Cabergweg, a man appeared on my right. I think he was hiding behind a large garbage bin because I didn’t notice him until the last second. He emerged just before I approached. He had his own bike and I thought he needed help because he was looking at me intently.

Suddenly, as I rode beside him, he kicked my front tyre and I fell with my bike. He was standing above me and I instinctively grabbed hold of my bag, which had been dangling from my bike handle. He grabbed back. I was frantic because that day I had picked up my new Dutch residence permit so I had all my identification with me in the bag, even my passport. As a foreigner, replacing these essential documents is a big hassle and I was panicking.

Since I wouldn’t let go of my bag, and a scooter was approaching on the bike path, the robber knew he had to act fast. He grabbed my head and kicked me hard in the stomach. I was screaming and in pain. At that point I was terrified and didn’t know if he was going to really hurt me or drag me off to a car. He snatched my bag and rode off on his own bike.

The mugger had waited for the few seconds when no one was around to help me. I started screaming as loud as I could because the road was busy with cars and people were approaching on the bike trail. An elderly man arrived on a scooter literally seconds later and two female students on push bikes seconds after that. These three people comforted me and called the police. I couldn’t calm down and was crying and screaming. I borrowed one of the girls’ cell phones to call my boyfriend and this helped me breathe again.

At first I thought the mugger had kicked me in the head. I was in so much shock and my hair had fallen out of the pony tail. I remembered something with my head and so assumed that’s where he kicked me. Then my stomach was aching very badly. It felt like when I was a child and had the wind knocked out of me. It took a few hours to remember that he actually grabbed my head with one hand and then kicked me in the stomach hard so I’d let go of my purse. The police arrived and they took me to the hospital where a doctor assessed my injuries. The doctor said I would be all right and that I needed to take pain killers so I could rest and try to feel better.

My stomach was sore for two days after the incident and I missed two days of work. I couldn’t be alone for about a week and I felt scared riding my bike at night, even with my boyfriend. Since I work at night, my boyfriend now has to meet me when I finish so I feel safe riding home.

The morning after the mugging, a policewoman came to my door with my emptied purse and my passport! The brute with a conscience had taken my passport out of my wallet and put it back in my bag so presumably someone could return it to me. Either he was afraid of being charged with stealing a passport or he actually felt bad about taking my ID.

About a month after the attack the police called to say I needed to come into the station. They had a suspect! I couldn’t believe that the man might actually be caught. When I arrived at the police station I was escorted through several secured doors to the back. I was seated and told that I would be looking at a group of photos of suspects. I should look at them quickly and see if any of the faces would jump out at me. I was very nervous – like how I felt right before writing an important exam at school. I was shown photos of eight men. At first I was worried because two different faces jumped out at me. But then I realised one of these men had very distinct features and that’s why his face was noticeable. The other had an eerie familiar look about him and I knew he was the one. I told the officer and I signed a statement.

A few weeks later I was informed that there would be a trial. Yes!

Slachtofferhulp: Victim Support in the Netherlands
Through this experience I have learned that the Netherlands has a very progressive victim support programme. Slachtofferhulp, which literally means ‘victim help’, posted me a letter explaining that I could apply to get compensation for the mugging. I had to fill out a form and describe all the items I lost and their value. Importantly I was asked to explain how the mugging emotionally affected me. The application had to be sent to Maastricht’s Public Prosecutor’s Office before the beginning of the hearing at the court of first instance, which is the Public Prosecutor’s formal indictment.

I assumed that if I wanted to seek damages I would need to sue the mugger privately. It was a big surprise when I received the Slachtofferhulp application form for damages arising from the mugging. The application was simple to fill out and I didn’t even have to go to court to argue my case for compensation.

I went to the Slachtofferhulp office in Beek (10 minutes outside of Maastricht) and met with the man who posted me the application form. He wanted to meet and make sure my application was completed properly and fairly. I was impressed within minutes of our meeting. The man was kind and knowledgeable. More importantly he was a volunteer! I wanted to know more about Dutch victim support services. At Slachtofferhulp only the volunteers speak directly with victims, and they represent them in court when necessary. The man helping me retired at 60 and has been doing this for two to four days per week for the past three years.

After we looked at all the paperwork, he explained that an appropriate amount to ask for from the court is EUR 638, of which EUR 300 would be for the physical attack. Under the current system in the Netherlands, damages awarded to victims must come from a convicted criminal. If the accused is found not guilty, no money will be awarded. Or if the accused is found guilty but has no or little money it will not be paid or be paid in affordable instalments.

I learned through my meeting at Slachtofferhulp that a new law is currently being tabled by the Dutch Government, which may soon allow victims to be paid directly by the Dutch Department of Justice who will then collect from the perpetrator. Otherwise many victims might never see the money they are due.

Compensation for victims of violent crimes – how does the Netherlands measure up?
I was very impressed by this service since I didn’t think victims’ rights were central in the criminal justice system. Traditionally, criminal and civil law are separate legal systems. Simply put, criminal law is about the state charging individuals with criminal offences. Other than providing evidence or coming forward as witnesses, victims are not central to criminal proceedings. In civil law however, private individuals sue one another for damages and the state is not involved.

I have learned a lot about victim support through this process and how Dutch criminal courts order convicted criminals to pay compensation to victims of crime. In fact this type of system is relatively new.

In Europe, based on a European Commission proposal, the European Council adopted a new Directive relating to compensation to crime victims. This enables victims to seek damages within criminal proceedings and avoid separate civil proceedings. The Directive became operational on 1 January 2006, and it mandates all Member States to introduce a national system which provides fair and appropriate compensation to victims of violent intentional crime. According to the European Commission’s European Judicial Network, 18 of the 27 EU Members have national compensation schemes in place.

But these vary greatly between nations. In Belgium victims who seek compensation from the criminal court must formerly declare themselves to be plaintiffs. This formality is known as ‘filing a civil action’. The kind of complaint or application to the legal or police authorities, as is done in the Netherlands is not sufficient.

And then England and Wales go even further than the Dutch in simplifying the process for victims. Actually victims don’t have to do anything. British criminal courts under the Powers of Criminal Courts (Sentencing) Act 2000 must always consider sentencing an offender to pay compensation to their victim in any case where personal injury, loss or damage has resulted from the offence. The courts are even required to provide reasons when they choose not to order compensation in such cases.

12 June 2007 – The Trial
The case went to trial on 25 April just three months after my attack. I called to find out the verdict but was told I needed to wait two weeks before they could tell me the details. When I called back on 7 May I was informed that the trial was postponed because the lawyers were not ready for trial. It will now be held on 12 June. Also I found out that the accused is in custody and being charged with three counts of violent robbery, all taking place in central Maastricht! I couldn’t believe it. If this turns out to be the right man, it sounds like he was a calculating criminal and not someone randomly trying to steal a few euros. If convicted he could face years in prison and be liable to pay for all damages resulting from the muggings.

I don’t mind if I’m not awarded any compensation. The money isn’t important. What has been important is the support I have received from the Maastricht police and the Slachtofferhulp service. Even though I felt bad about my own choices that evening, no one scolded me for riding alone at night or hanging my purse on my bike’s handlebar. This helped me feel secure again and realise that most people are caring and good. I do hope the man is convicted and punished for his actions, perhaps even given therapy so he can be rehabilitated. Theft is one thing but physically assaulting a woman in the street is just cruel. Looking into his beady eyes before he kicked me was frightening. I saw little empathy or feeling, just desperation and greed.

Much to my chagrin, the incident still affects me. I’m still scared to ride alone at night, even in public places and have trouble trusting men I see in the street. I don’t carry any money with me anymore (just a bank card) and very little ID. I only ride in busy parts of the city. But I’m getting better and soon this will be behind me.

By Danya Chaikel

Danya Chaikel is from Vancouver, Canada and recently graduated from law school. She has a background of working with migrants and promoting human rights. Danya recently moved to Maastricht to be with her Dutch partner.