Indictment 
What is an indictment?
This is a description of the offence or set of offences with which the
accused is charged; at least one of the charges must be considered a
felony by the Court's indictment division and will be judged by the Criminal
Court
What is the content of the indictment for the trial of Dutroux & others?
Four accused are being tried for:
A.
1. The first, Marc DUTROUX
in Bertrix, Kain, Ostend or Blankenberge, Liege, Marcinelle, Sars-la-Buissière,
Charleroi, Namur or elsewhere in the Kingdom, at some time between 23
June 1995 and 16 August 1996, as an agitator, head of a gang or for having
exercised command of some kind, participated in a conspiracy formed and
organized with the objective of perpetrating crimes against persons or
property carrying a sentence of life imprisonment, imprisonment from
twenty to thirty years, imprisonment from fifteen to twenty years or
imprisonment from ten to fifteen years and other crimes and offences,
a conspiracy involved notably in the abduction and sequestration of six
persons, five of whom were minors, those being Julie LEJEUNE, Melissa
RUSSO, An MARCHAL, Eefje LAMBRECKS, Sabine DARDENNE and Laetitia DELHEZ
with the circumstance that the victims were submitted to bodily torture
that caused the death of some of them.
2. The second, Michelle MARTIN, the third Michel LELIEVRE and the fourth Michel NIHOUL,
in Bertrix, Kain, Ostend ou Blankenberge, Liege, Marcinelle, Sars-la-Buissière,
Charleroi, Namur or elsewhere in the Kingdom, at some time between 23
June 1995 and 16 August 1996, having participated as members of a gang
or having knowingly and willingly supplied the gang or its divisions
with weapons, munitions, instruments of crime, housing, a hide-out, or
meeting place to a conspiracy formed and organized with the objective
of perpetrating crimes against persons or property carrying a sentence
of life imprisonment, imprisonment from twenty to thirty years, imprisonment
from fifteen to twenty years or imprisonment from ten to fifteen years
and other crimes and offences, a conspiracy involved notably in the abduction
and sequestration of six persons, five of whom were minors, those being
Julie LEJEUNE, Melissa RUSSO, An MARCHAL, Eefje LAMBRECKS, Sabine DARDENNE
and Laetitia DELHEZ with the circumstance that the victims were submitted
to bodily torture having caused the death of some of them.
3. The fourth, Michel NIHOUL,
In Brussels, Charleroi, Dinant and Tournai, between 1 July 1995 and 16
August 1996, as an agitator, head of a gang or for having exercised command
of some kind, participated in a conspiracy formed and organized with
the objective of perpetrating crimes against persons or property carrying
a sentence of life imprisonment, imprisonment from twenty to thirty years,
imprisonment from fifteen to twenty years or imprisonment from ten to
fifteen years and other crimes and offences, a conspiracy involved notably
in the import, export, transport, detention, sale or proposal for sale,
delivery or acquisition, for consideration or free of charge, of psychotropic
drugs, particularly "ecstasy" or in the trafficking of false
identification documents, automobiles, licence plates and automobile
documents or in trafficking of human beings.
4. The first, Marc DUTROUX and the third, Michel LELIEVRE,
In Brussels, Charleroi, Dinant and Tournai, between 1 July 1995 and 16
August 1996, as members of a gang or having knowingly and willingly supplied
a gang or its divisions with weapons, munitions, instruments of crime,
housing, a hide-out, or meeting place to a conspiracy formed and organized
with the objective of perpetrating crimes against persons or property
carrying a sentence of life imprisonment, imprisonment from twenty to
thirty years, imprisonment from fifteen to twenty years or imprisonment
from ten to fifteen years and other crimes and offences, a conspiracy
notably involved in the import, export, transport, detention, sale or
proposal for sale, delivery or acquisition, for consideration or free
of charge, of psychotropic drugs, particularly "ecstasy" or
the trafficking of false identification documents, automobiles, licence
plates and automobile documents or in trafficking of human beings.
B.:
Having committed a homicide voluntarily, with the intention premeditated
murder,
5. the first, Marc DUTROUX
in Marcinelle or elsewhere in the Kingdom, on an undetermined date between
22 August 1995 and 13 August 1996 on the person of An MARCHAL,
6. the first, Marc DUTROUX
in Marcinelle or elsewhere in the Kingdom, on an undetermined date between
22 August 1995 and 13 August 1996 on the person of Eefje LAMBRECKS,
7. the first, Marc DUTROUX
in Marcinelle or Sars-la-Buissière, on an undetermined date between
1 November 1995 and 7 December 1995 on the person of Bernard WEINSTEIN,
C:
By violence, ruse or threats, having abducted minors or having had minors
abducted minors, in this case,
8. the first, Marc DUTROUX, the third, Michel LELIEVRE and the fourth Michel NIHOUL,
in Bertrix, on 9 August 1996, Laetitia DELHEZ, minor under sixteen full
years at the time of the offences, since she was born on 25 November
1981;
9. the first, Marc DUTROUX, the third, Michel LELIEVRE
In Blankenberge or in Ostend on the night of 22 to 23 August 1995, An
MARCHAL, minor over sixteen full years of age at the time of the offences,
since she was born on 10 December 1977;
10. the first, Marc DUTROUX, and the third, Michel LELIEVRE,
in Kain, on 28 May 1996, Sabine DARDENNE, minor under sixteen full years
at the time of the offences, since she was born on 22 October November
1983;
11. the first, Marc DUTROUX,
in Grace-Hollogne, on 24 June 1994 Melissa RUSSO, minor under sixteen
full years at the time of the offences, since she was born on 11 September
1986;
12. the first, Marc DUTROUX,
in Grace-Hollogne, on 24 June 1994 Julie LEJEUNE, minor under sixteen
full years at the time of the offences, since she was born on 29 November
1986;
D.:
without orders from the constituted authorities and outside of cases
where the law permits or orders the apprehension or detention of individuals,
having apprehended or had apprehended, detained or had detained, in this
case,
13. the first, Marc DUTROUX, the second, Michelle MARTIN, the third Michel LELIEVRE and the fourth Michel NIHOUL,
from Bertrix to Marcinelle or elsewhere in the Kingdom, as from 9 to
15 August 1996, Laetitia DELHEZ, with the circumstances that the person
apprehended or detained was threatened with death and that she was submitted
to bodily torture resulting in a disease that appears incurable, or a
permanent incapacitation for individual work, or the loss or total loss
of use of an organ, or a serious mutilation;
14. the first, Marc DUTROUX, the second, Michelle MARTIN and the third, Michel LELIEVRE,
from Kain to Marcinelle or elsewhere in the Kingdom, as from 28 May to
15 August 1996, Sabine DARDENNE, with the circumstances that the person
apprehended or detained was threatened with death and that she was submitted
to bodily torture resulting in a disease that appears incurable, or a
permanent incapacitation for individual work, or the loss or total loss
of use of an organ, or a serious mutilation;
15. the first, Marc DUTROUX, the second, Michelle MARTIN, the third Michel LELIEVRE,
from Ostend or Blankenberge to Marcinelle or elsewhere in the Kingdom
as from the night of 22 to 23 August 1995 to the day of her death, An
MARCHAL, with the circumstances that the person apprehended or detained
was threatened with death and that she was submitted to bodily torture
resulting in her death;
16. the first, Marc DUTROUX, the second, Michelle MARTIN, the third Michel LELIEVRE,
from Ostend or Blankenberge to Marcinelle or elsewhere in the Kingdom
as from the night of 22 to 23 August 1995 to the day of her death, Eefje
LAMBRECKS, with the circumstances that the person apprehended or detained
was threatened with death and that she was submitted to bodily torture
resulting in her death;
17. the first, Marc DUTROUX, the second, Michelle MARTIN,
from Grace-Hollogne to Marcinelle or elsewhere in the Kingdom as from
24 June 1995 to the day of her death, Melissa RUSSO with the circumstances
that the person apprehended or detained was threatened with death and
that she was submitted to bodily torture resulting in her death;
18. the first, Marc DUTROUX, the second, Michelle MARTIN,
from Grace-Hollogne to Marcinelle or elsewhere in the Kingdom as from
24 June 1995 to the day of her death, Julie LEJEUNE with the circumstances
that the person apprehended or detained was threatened with death and
that she was submitted to bodily torture resulting in her death;
19. the first, Marc DUTROUX,
in Jumet, on 4 and 5 November 1995; Philippe DIVERS, Pierre ROCHOW and
Bénédicte JADOT, with the circumstances that the persons
apprehended or detained were threatened with death and that they were
submitted to bodily torture;
20. the first, Marc DUTROUX,
in Marcinelle, between 1 November 1995 and 7 December 1995 and 5 November
1995; Bernard WEINSTEIN, with the circumstances that the person apprehended
or detained was threatened with death and that he was submitted to bodily
torture resulting in his death;
E.
21. the first, Marc DUTROUX
in Jumet and in Waterloo on 4 and 5 November, by means of violence or
threats, fraudulently removing two motor vehicles and various objects
which did not belong to him to the detriment of ROCHOW Pierre and DIVERS
Philippe , with the circumstances that the thefts were committed at night,
by two or several persons, the accused having used inhibitive or toxic
substances to commit the theft or protect his get-away and having subjected
the victims to bodily torture;
F.:
By any act of sexual penetration, of any type whatsoever and by any means
whatsoever, committed the crime of rape on a non-consenting person, in
this case,
22. the first, Marc DUTROUX and the second, Michelle MARTIN,
in Sars-la-Buissière between 22 July 1996 and 1 August 1996 on
the person of Yancka MACKOVA, minor of more than sixteen full years at
the time of the offences as she was born on 14 May 1979;
23. the first, Marc DUTROUX,
in Sars-la-Buissière between 15 July 1994 and 31 July 1994 on
the person of Eva MACKOVA;
24. the first, Marc DUTROUX,
in Prasice (Slovakia) on 4 June 1995, on the person of Henrieta PALUSOVA,
offences regularly denounced by the Slovakian authorities;
25. the first, Marc DUTROUX,
in Marcinelle, on several occasions as from 24 June 1995 up to the day
of the death of Melissa RUSSO on her person, a minor of less than ten
full years of age at the time of the offences, as she was born on 11
September 1986, with the circumstances that these rapes were preceded
or accompanied by bodily torture or sequestration and that they caused
the death of the person on whom they were committed;
26. the first, Marc DUTROUX,
in Marcinelle, on several occasions as from 24 June 1995 up to the day
of the death of Julie LEJEUNE on her person, a minor of less than ten
full years of age at the time of the offences, as she was born on 29
November 1986, with the circumstances that these rapes were preceded
or accompanied by bodily torture or sequestration and that they caused
the death of the person on whom they were committed;
27. the first, Marc DUTROUX,
in Marcinelle, Jumet or elsewhere in the Kingdom on several occasions
as from the night of 22 to 23 August up to the day of the death of An
MARCHAL on her person, a minor of more than sixteen full years of age
at the time of the offences, as she was born on 10 December 1977, with
the circumstances that these rapes were preceded or accompanied by bodily
torture or sequestration and that they caused the death of the person
on whom they were committed;
28. the first, Marc DUTROUX,
in Marcinelle, Jumet or elsewhere in the Kingdom on several occasions
as from the night of 22 to 23 August up to the day of the death of Eefje
LAMBRECKS, an adult, on her person, with the circumstances that these
rapes were preceded or accompanied by bodily torture or sequestration
and that they caused the death of the person on whom they were committed;
29. the first, Marc DUTROUX,
in Marcinelle on several occasions from 28 May to 31 July 1996 on the
person of Sabine DARDENNE, a minor of more than ten full years and less
than fourteen full years of age at the time of the offences, as she was
born on 22 October 1983, with the circumstances that these rapes were
preceded or accompanied by bodily torture or sequestration;
30. the first, Marc DUTROUX,
in Marcinelle on several occasions from 28 May to 31 July 1996 on the
person of Laetitia DELHEZ, a minor of less than sixteen full years of
age at the time of the offences, as she was born on 28 October 1981,
with the circumstances that these rapes were preceded or accompanied
by bodily torture or sequestration;
G.:
31. the first, Marc DUTROUX, the third,
Michel LELIEVRE and the fourth, Michel NIHOUL In Brussels, Charleroi
and Tournai or elsewhere in the Kingdom, between 19 April 1996 and
13 August 1996, having imported, exported, transported, detained, sold
or proposed for sale, delivery or acquisition, for consideration or
free of charge, psychotropic drugs, in this case several thousand tablets
of "ecstasy" (MDMA), without having obtained a general prior
authorization from the competent Minister, with the circumstance that
these offences constitute acts of participation in the main or secondary
activity of a conspiracy of which the fourth, Michel NIHOUL acted as
the leader;
32. the first, Marc DUTROUX and the
third, Michel LELIEVRE
Particularly in Charleroi from 1 July 1995 to 13 August 1996, having
imported, exported, transported, detained, sold or proposed for sale,
delivery or acquisition, for consideration or free of charge, soporific
or narcotic drugs, in this case heroin and hashish, without having obtained
a general prior authorization from the competent Minister, with the circumstance
that these offences constitute acts of participation with the main or
secondary activity of a conspiracy;
When will the trial take place?
The trial will start on 1 March 2004 for a period of about two months.
Where and why?
The trial will take place at the Arlon Hall of Justice.
As explained in the general information, the Criminal Court in principle sits in the capital of the province where
the crimes were investigated. The investigation takes place in the judicial
district either where the crimes, or one of them, were committed or where
the perpetrator, or one of them, resides or was found. In this case,
since the abduction of Laetitia DELHEZ was committed in BERTRIX, the
investigation was done in Neufchâteau, in Luxembourg Province.
Consequently the trial will take place in Arlon, capital of Luxembourg
Province.
In 1985, the Minister of Justice asked the Building Department to erect
a new building in Arlon to house the judicial services in order to group
those that were scattered all over town.
The building was erected in two phases:
- In 1993, building A was constructed Place Schalbert and the following
jurisdictions set up there:
- Labour Court + the prosecution (auditorat) of the
Labour Court
- Commercial Court + Trade Registry
- Justice of the Peace
- Police Court
- Federal Police (formerly judicial police)
- In 1992, since the Hall of Justice place Leopold was beginning
to show signs of deterioration, the Ministry of Justice requested
the construction of building B at Place Schalbert.
This Building B was only finished in 2003; the following jurisdictions
set up there:
- Court of First Instance + Investigation + Youth Court
- The King's Prosecution and Police Prosecution
- Criminal Court
- Bar
Who's who in the trial
For this exceptionally long trial, the court has been doubled, so that
a replacement is available should someone fall ill. A sufficient number
of additional jurors will be provided.
- The accused
They are:
- Dutroux Marc
- Martin Michelle
- Lelièvre Michel
- Nihoul Michel
- The Court
It consists of a president and two "assesseurs" (criminal
judges) (plus an alternate president and two alternate criminal judges)
President at the trial: Stéphane GOUX
Alternate President: Jean-Marie GENICOT
The alternate President must attend all proceedings so that he is in
a position to replace the President at the trial.
- Judicial staff
- the court clerk and a reserve court clerk
- bailiffs for the hearings: there will be 2; their job is to assist
the President of the Court to ensure smooth proceedings of the trial,
to see to proper execution of the material and practical tasks: receiving
and orienting persons summoned, verifying identities, remitting documents
to the Court or the clerk, providing material assistance to the jurors
and various other jobs.
- Prosecution
Represented by:
- The Substitute General Prosecutor of Liege: Mr. Jean-Baptiste ANDRIES
- The King's Prosecutor for Neufchâteau : Mr. Michel BOURLET
- ………..
- The jurors
Must decide on the guilt of the accused.
- 12 effective jurors (the first chosen by a drawing is appointed
head juror; he/she is the one who communicates the verdict to the
Court).
- In addition, the number of alternate jurors will be set by the
Criminal Court at the opening of the trial, given the importance
of the case and the probable
duration of the trial; 12 is the maximum number of alternate jurors.
- Plaintiffs:
At this time, fifteen people are private plaintiffs
- The parents of Julie LEJEUNE
- The parents of Mélissa RUSSO
- The parents, brothers and sister of An MARCHAL
- The parents and brother of Eefje LAMBRECKS
- The victim Laetitia DELHEZ and her mother
- The mother of Sabine DARDENNE
- The lawyers
Attorneys MAGNEE, VAN PRAET and BAUDEWIJN, who defend the accused Marc
DUTROUX
Attorneys POLLET, MOREAU, BAYET and SCHMITZ, who defend the accused
Michelle MARTIN
Attorney SLUSNY, who defends the accused Michel LELIEVRE
Attorneys ATTOUT and CLEMENT De CLETY who defend the accused Michel
NIHOUL
Attorneys BEAUTHIER and FERMON, who represent Laetitia DELHEZ and her
mother
Attorney VERCRAEYE who represents the father of Eefje LAMBRECKS
Attorney QUIRYNEN who represents the MARCHAL family
Attorney SAVELKOUL who represents the mother of Eefje LAMBRECKS
Attorney RIVIERE who represents the mother of Sabine DARDENNE8. The
witnesses
Testimony of witnesses will take up most of the hearings of the trial;
in usual practice, the order is; the various investigators and the
investigating judge, direct witnesses of the events, various experts
and morality witnesses for the accused.
- Judicial assistants
Their role:
- providing information to the victims and their families as concerns
the stages of the procedure
- guiding the victims and their families to specialized aid services
(guidance centre, youth aid service, victim aid service)
- offering assistance and helping the victims and their families
before, during and/or after a hearing. This can entail showing
them the premises for the hearing in order to explain how the trial
will go forward.
When a victim is heard during the proceedings, he/she can ask to
be accompanied by a judicial assistant at the hearing. If the President
of the Court or of the Criminal Court agrees, this accompaniment
can take place in chambers.
The dossier of the proceedings
A dossier consisting of 166 boxes, representing something over 450,000
pages, was compiled during the investigation.
To facilitate access to the documents, they have been scanned and are
currently contained in DVDs.
Exhibits used as evidence
The exhibits include various objects that were used or intended for use
to commit an offence, objects which resulted from an offence and objects
used to establish the truth (weapons, various effects or utensils …).
The President will present the exhibits whenever he feels they may be
helpful.
Presentation of the criminal courtroom
The criminal courtroom was designed in the contemporary spirit of the
two new buildings. It has an area of 200 m2, which is the normal size
for this kind of room in a small jurisdiction. The size of the criminal
courts is proportional to the size of the district they serve.
Like other criminal courtrooms (Liege, Brussels, … Ghent), the
one in Arlon is equipped with a protective glass locale where the accused
sit. The Justice department has defined the minimum quality standards
for criminal courtrooms, including, among other things, audiovisual equipment
(screen, sound installations, microphones, etc.).
In this case, since the proceedings also concern the Dutch speaking part
of the country , simultaneous translation of the proceedings will be
provided for Dutch-speaking persons, as the law requires.
Auditoriums – press room
Because of citizen interest and the strong media coverage of this trial,
it was important to allow the press to correctly inform the public. Two
auditoriums – press rooms will be set up to enable representatives
of the various television and written press to have access to the information.
The criminal proceedings will be retransmitted in these rooms by audiovisual
facilities including several screens and loud speakers.
Under no circumstances can journalists film or record the proceedings.
Press room
A room will be made available to the written and audiovisual press to
enable journalists to prepare their articles.
This workroom will be equipped with telephone connections, faxes and
photocopiers.
It is located in the former Hall of Justice of Arlon, place Leopold,
6700 Arlon.
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