Ridouan Taghi is considered one of the most notorious criminals in the Netherlands. In the Marengo trial, he is being prosecuted for a series of serious crimes, including murder, drug trafficking, and leading a criminal organization. The case has left deep marks on the legal world and society as a whole. The murders of lawyer Derk Wiersum, Reduan B., the brother of key witness Nabil B., and crime journalist Peter R. de Vries shocked the public and underscored the harsh reality in which this trial is taking place. However, the threat extends not only to Taghi's opponents. Several of his own lawyers have also come under fire. Criminal defence attorney Inez Weski was arrested on suspicion of transmitting suspicious messages, Taghi's cousin and former lawyer Youssef Taghi is in custody for allegedly passing messages to the criminal network, and most recently, lawyer Vito Shukrula was also arrested on similar suspicions. One lawyer after another is stepping away, and society and the justice system are under increasing pressure. However, what happens if ultimately no one is willing, or no one dares, to defend Taghi? Joost Nan, Professor of Criminal (Procedural) Law at Erasmus School of Law, addresses this pressing question.
The role of a lawyer
A week after Shukrula's arrest, Taghi's two remaining lawyers, Carlo Crince le Roy and Sultan Kat, stepped down from his defence. This again brought the case to a standstill, leaving Taghi without legal representation. The situation illustrates how difficult the position of lawyers is in this case. Nan explains how complex a lawyer's role can be in such matters. "Within the boundaries of the law, the rules of conduct, and your own principles, you do your best to provide a suspect with the best defence possible," Nan says. "You are not allowed to discriminate as counsel." According to him,thoroughness is essential to protect the client's rights and strengthen the justice system. "If Taghi has received a proper defence, any eventual conviction will have the highest legitimacy. He would then have had a fair trial." At the same time, Nan acknowledges that the Marengo trial is far from standard and that the pressure on the lawyers is immense. "The lawyer's task is also to maintain an independent position from their client."
Passing on information
In the Marengo case, three of Taghi's lawyers have now been arrested, all suspected of transmitting (suspicious) messages to and from their client. Taghi is being held in the Extra Secure Facility (EBI) in Vught, which has stricter rules than a regular prison. Nevertheless, there must be room for confidential communication. "The defence must be able to communicate confidentially about anything related to the criminal case," Nan explains. "Lawyers are therefore allowed to speak freely with their client, even in the EBI. However, you are not allowed to pass on information, hand over, or take objects violating any restrictions or other rules." It was precisely this issue, passing on information, where things went wrong with Taghi's lawyers. The result is an exceptional situation in which it seems nearly impossible to conduct his defence normally.
What if no one is willing anymore?
Meanwhile, the Marengo trial risks being delayed further and further. Every new lawyer will need to delve into the tens of thousands of pages of case files again, which takes an enormous amount of time. But with multiple lawyers stepping down, another question arises: What if no one is willing, or dares, to defend Taghi? "In the first instance, Taghi can turn to the Dean of the Bar to appoint a lawyer. However, if no one is willing, it becomes difficult," Nan says. "Given past experiences, I can well imagine that few lawyers are eager to take on this case. Moreover, the Dean may eventually have to report that no one who is able and willing to take up the defence could be found. If it is established or assumed that it is Taghi's own fault that he has gone through so many lawyers, then there comes a point where he must proceed without counsel." This inevitably raises questions about the right to a fair trial. Nan: "Normally, a criminal trial without a lawyer is considered unfair if the suspect wishes to have legal assistance, but in this case, you could eventually argue that he has waived that right himself." Nan emphasizes that a trial without legal counsel remains a highly exceptional situation.
The impact of the Marengo trial
It is clear that the events surrounding the Marengo trial have left a profound impact. The murder of lawyer Derk Wiersum, who represented key witness Nabil B., left a particularly strong impression. He was shot dead outside his home in 2019, an attack widely seen as a direct 'assault on the rule of law'. "The death of Derk Wiersum really did shock me," Nan says. That shock has not faded. On the contrary, Nan believes the later developments in the Marengo trial demonstrate how much crime in the Netherlands has hardened. "The further developments make it clear that crime in the Netherlands has become more severe and that legal professionals can become personally involved in, or affected by major criminal cases."This involvement can manifest in both murder and arrests.
This places enormous pressure on the legal profession. Still, Nan does not believe that the arrests in the Marengo trial have fundamentally damaged public trust in lawyers. "It is certainly troubling that this is happening. Nevertheless, because the case is so exceptional, I do not think the legal profession as a whole has been seriously discredited."
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