This application for recommendation is based on a claim by Mr B.E. for the restitution of the items in question, as put forward during a meeting between the NIOD and the Anne Frank Fund on 19 April 2005. In a letter dated 19 May 2005, the NIOD informed the minister of this claim. When the National Institute for War Documentation (RIOD) became part of the Royal Netherlands Academy of Arts and Sciences, continuing under the name NIOD, it was determined that the minister be directly responsible for matters relating to Anne Frank’s estate. In a letter dated 18 August 2005, the Restitutions Committee first of all responded as follows to the minister’s preliminary question:
In reply to this, I am able to report that the Committee is of the opinion that the items requested for restitution by Mr B.E. can, without a doubt, be considered items of cultural value and as such, there are no objections to investigating Mr B.E.’s claim. However, a detailed study is essential in order to provide a recommendation as to whether the items in question should be restored in accordance with our Decree. The Committee will undertake this investigation and, as stipulated in Article 2, paragraph 1 of the Restitutions Committee’s Decree, will address the question of whether this case involves an involuntary loss of possession due to circumstances directly related to the Nazi regime.
The Committee subsequently instituted a fact-finding investigation. During this investigation, it took note of the file the minister included in her letter of 12 July 2005. The Committee then got in touch with Mr B.E. in Switzerland, the NIOD in Amsterdam, and Mr G.S. in Germany. The results of the investigation were set down in a draft report on 6 March 2005, which was submitted to Mr B.E. and the NIOD for comment. After receipt of the comments by Mr N.D.J. Barnouw of the NIOD in a letter dated 20 March 2006, and those of Mr B.E. in a letter dated 30 March 2006, the draft report was modified and adopted at a Committee meeting on 24 April 2006. The contents of this report are considered an integral part of this recommendation.