Civil procedure
This does not mean, however, that the billionaire was “indicted” as the viral publications claim. The indictment is a judicial act targeting a person suspected of having committed a misdemeanor or a crime (link archived here). However, the case concerning Bill Gates, even if his judgment will resume on the 27 November, is a civil procedure and not a criminal one.
As the official website of the Dutch justice system indicates, civil law, or private law, deals with “conflicts between people, conflicts between organizations and conflicts between people and organizations“(link archived here).”The aim of civil law is to provide a solution to disputes between parties, often seeking compensation or reparation of the situation“while criminal law aims to punish”behavior considered harmful to society“, specifies the referencing platform for Dutch lawyers (archived link here).
Questioned by AFP, a spokesperson for the Northern District Court of the Netherlands confirmed on October 31, 2024 that it was a private dispute. “This case is not a criminal proceeding, but a civil proceeding, in which a number of plaintiffs have sued several other parties“, she clarified.
Just because the court accepted the request does not necessarily mean the case has merit, that remains to be decided. “The fundamental rule of our legal system is that anyone can take legal action.“, Remme Verkek, civil law expert and professor at Utrecht University, told AFP on November 1, 2024 (link archived here).
According to the specialist, Dutch law does not allow a judge to dismiss a case without starting the procedure. “On the other hand, we can say that we are addressing the wrong judge. This is what Bill Gates tried to do“, he adds.
The billionaire's request having been rejected, the trial will continue its course. But, contrary to what some Internet users say, the Microsoft co-founder should not be forced to appear before a Dutch court.
According to Remme Verkek, in civil cases a witness can be forced to appear in court, but this would not apply to Bill Gates because he is a defendant in this lawsuit. “The judge could make a judgment, but I don't see him issuing an order requiring Mr. Gates to be present. That's not how it works in civil cases. There is no police van picking up anyone for the hearing“, underlines the professor of civil law.
The spokesperson for the Northern District Court of the Netherlands also confirmed to AFP that Bill Gates will not be obliged to attend the Dutch court hearings and that he could be represented by his lawyer.
JOHN MACDOUGALLAFP
Bill Gates, recurring target of conspiracy theorists
In their accusation, the plaintiffs mention in particular the “Great Reset” (or “Great Reset“in English), which would induce a “forced and planned change“of the world because of”major crises“like the Covid-19 pandemic”which can only be solved by centralized global intervention“.
This initiative from the World Economic Forum (WEF) calls for the achievement of the United Nations (UN) Sustainable Development Goals, defined in the 2030 Agenda (archived links here and here). She is regularly the target of conspiracy theories.
In the case judged by the Northern District Court of the Netherlands, Bill Gates and ten Dutch politicians are accused of having “implemented the Great Reset“during Covid-19.
This is not the first time that the American billionaire has been cited in proceedings brought by people against anti-Covid vaccination or health restrictions put in place during the pandemic. As AFP already explained in 2021 and 2022, a complaint was filed on January 11, 2021 before a provincial judicial body in Canada accusing the WHO, Pope Francis, Queen Elizabeth II, Bill and Melinda Gates or even the Canadian Prime Minister Justin Trudeaucrimes against humanity” for allowing the implementation of restrictions linked to the Covid-19 epidemic.
The complaint was dismissed under Rule 2.1 of the Local Civil Procedure, which states that “the court may, on its own initiative, suspend or dismiss a proceeding if it appears on its face frivolous or vexatious, or constitutes an abuse of the judicial process“(link archived here).
Already numerous for years, the fake news and conspiracy theories targeting the co-founder of Microsoft have found new impetus thanks to the Covid-19 pandemic.
