AIVD does not always comply with the law when investigating organised crime
By our news editors
Mar 14, 2025 at 6:01 pm

The General Intelligence and Security Service (AIVD) does not always comply with the law in investigations into organised crime, say supervisors. This compromises the right to a fair trial, among other things.
Minister of the Interior Judith Uitermark reports the concerns on behalf of the Assessment Committee for the Use of Powers (TIB) and the Intelligence and Security Services Review Committee (CTIVD) in a letter to Parliament .

Several people were wrongly identified as targets. Over time, it was no longer clear whether their criminal actions still posed a threat to national security. In the case of "ordinary" crime, it becomes a matter for the police. The fact that the AIVD continued to monitor these people is "worrying" to the supervisors.

The TIB and CTIVD also saw the AIVD working in areas that fall under police investigation. As a result, the intelligence service sometimes investigates cases about which the police already have information. Instead of both investigating, information should be exchanged. Duplication of work would infringe on someone's fundamental rights, such as the right to a fair trial.

Furthermore, the watchdogs believe that the AIVD should be extra careful when following people who do not pose a threat themselves, but who can provide access to important information. According to the supervisors, the bar should be raised when choosing to investigate these people.

Judge's permission
The AIVD also investigates infiltration and corruption by criminals in governments and companies. In doing so, the intelligence service also provides too little substantiation as to why the persons under investigation or their criminal networks are a threat to national security.

The AIVD also does not handle information of people who are entitled to confidential treatment, such as lawyers, carefully. The service may only use such data after permission from the court. Otherwise, they must destroy it immediately. This has not gone well several times in the past year. The AIVD has been called to account for this on several occasions.

The supervisors hope that their advice will be incorporated in the revision of the Intelligence and Security Services Act (Wiv). This sets out the powers and responsibilities of the AIVD.