Decision of 25 June 1991 laying down rules on the right of complaint for military personnel
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of our Minister of Defence, dated 31 January 1991, Division of Labour Conditions Policy, No. D 90/096/2197;
Having regard to Article 2, fifth paragraph, of the Military Staff Act 1931 ( Stb. 519) and Article 4 (2) of the Law on the legal status of conscripts ( Stb. -1971, 231);
The Council of State heard (opinion of 15 May 1991, No W07.91.0060);
Having regard to the further report of our Minister of Defence, of 17 June 1991, No D90/096/9350;
Have found good and understand:
For the purposes of this Decision, the following definitions shall apply:
a. the Minister: Our Minister of Defence;
b. Military officer: the military official in the sense of Article 1 of the Military Staff Act 1931 ;
c. conscription: the conscription officer in the sense of Article 1, point B , 1 ° and 2 ° of the Law on the Law of the Law;
d. Complainant: the military official referred to in Article 9, 1st member of the Military Staff Act 1931 or, as provided for in Article 4, the conscription B , first member of the Law on the legal status of conscripts,
e. plaits: the written document referred to in Article 9, 1st member of the Military Staff Act 1931 or Article 4 B , first member of the Law on the legal status of conscripts,
f. Lamp: the piece of painting as intended Article 9, third member of the Military Staff Act 1931 or Article 4 B , third member of the Law on the legal status of conscripts,
g. plaice-multiple: the military superior to punishment, as intended in Article 49 of the Law of Military Law , under whose direct order the person to whom the complainant is addressed has been lodged or a servant designated by the Minister;
h. Trust man: the trust man referred to in Article 57 of the Law of Military Law .
1 The lodging of complaint shall be effected by means of the submission of a reasoned letter of complaint to the complaint.
The handwriting must be submitted to the hierarchical order within six weeks from the day on which the order is referred to in Article 9, 1st member of the Military Staff Act 1931 , has been given, or has taken place.
3 The complaint lodged after the expiry of the period specified in the second paragraph shall be deemed to have been lodged in good time if the complainant proves that he had lodged the complaint as soon as reasonably desired.
1 The complainant shall carry out an examination in response to the complainant's writing. The investigation is not public.
2 The complainant may charge a rapporteur with the inquiry into the lamentof the complainant. The rapporteur should not be involved in any way on matters of concern and should be more or less at rank or-in the case of equality in rank-older than the military superior to whom the lambation is addressed.
3 In the course of the investigation, the complainant, the military superior against whom the complaint is addressed, and-as far as this is concerned-are heard others.
4 If the complaint is not itself carried out by the complainant itself, the complainant shall be given the opportunity to give his opinion orally in the complaint.
5 If hearing either by the rapporteur or by the rapporteur is not possible or if there is a number of objections, the complaint may entrust the competent military person of the person to be heard with the hearing.
7 The investigation shall be drawn up in a report.
8 The complainant and his trusted man have the right of access to all documents relating to the case.
1 The complaint must be given in writing within a period of six weeks after receipt. This decision may be postponed for a maximum of four weeks. The adjournant shall be notified in writing to the complainant. The time limit shall be 12 weeks if the complainant or the military person against whom the complainant is addressed or witnesses are for reasons of service outside the Netherlands. The complainant and the military superior to whom the complainant is addressed shall be informed in writing of the decision.
2 The decision shall state the reasons on which it is based and shall state that the complainant is inadmissible or the complaint is well or partially founded or unfounded.
3 The complainant shall forward its decision accompanied by the report of the inquiry along the hierarchical approach of the Minister.
Belag is not possible against a decision taken on a complaint.
This Decision shall enter into force simultaneously with the Law of 29 August 1991 ( Stb. 478), amending the Military Staff Act 1931 ( Stb. 519) and of the Law on the legal status of conscripts ( Stb. 1971, 231) in connection with the revision of the law of military law ( Law on military disciplinary law ).
This Decision is based on Article 9, 4th paragraph, of the Military Staff Act 1931 .
This decision may be referred to as 'Decision on the military'.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 25 June 1991
The Minister of Defence,
A. L. ter BeekPublished on 5 November 1991
The Minister of Justice,
E. M. H. Hirsch Ballin