Things To Come: The end Of Justice In The Netherlands

This is just the beginning:

Geert Wilders And The End Of Justice In The Netherlands

A court in The Hague decided on October 14 that the charges of hate speech against Dutch politician Geert Wilders, for statements he made in March 2014 at a political rally, are admissible in a court of law. It thereby rejected the Wilders' appeal to throw out the charges as inadmissible in a court of law on the grounds that these are political issues and that a trial would in fact amount to a political process. The criminal trial against Wilders will begin on Monday, October 31.

While campaigning in The Hague in March 2014, Wilders argued the need for fewer Moroccans in the Netherlands. At an election meeting in The Hague, he asked those present a number of questions, one of which was "Do you want more or fewer Moroccans?" After the crowd responded "fewer" Wilders said, "We're going to organize that."

Because of the "fewer Moroccans" statements, repeated again in an interview a few days later, Wilders will be prosecuted on two counts: First for "deliberately insulting a group of people because of their race." Second, for "inciting hatred or discrimination against these people."

Wilders' defense attorney, Geert Jan Knoops, has argued that the trial amounts to a political trial against Wilders and his party, the PVV: "Sensitive issues must be judged by public opinion or through the ballot box,", Knoops said "The Prosecutor is indirectly asking for a ruling over the functioning of the PVV and its political program. The court must not interfere with this."

The Netherlands is a party to the European Convention of Human Rights. This means that Dutch courts are obligated to interpret domestic legislation in a way compatible with the ECHR and the case law of the European Court on Human Rights. Article 10 of the European Convention on Human Rights states:

Other politicians, notably all from the Labour Party, have uttered the following about Moroccans without being prosecuted:

• "We also have sh*t Moroccans over here." -- Rob Oudkerk, a Dutch Labour Party (PvDA) politician.
• "We must humiliate Moroccans." -- Hans Spekman, PvDA politician.
• "Moroccans have the ethnic monopoly on trouble-making." -- Diederik Samsom, PvDA politician.

The court discarded Wilders' defense attorney's argument that the failure to prosecute any of these politicians renders the trial against Wilders discriminatory. The court said that because of the different time, place and context of the statements of other politicians, they cannot be equated with the statements of Mr. Wilders and for that reason, the court considers that there has been no infringement of the principle of equality.

Wilders did not incite to violence or prosecution (or humiliation), nor did he jeopardize national security or public safety or any of the other concerns noted above.

It is more difficult to see how the statement, "We must humiliate Moroccans" by Labour politician Hans Spekman, who was not prosecuted, could be legitimized, as it constitutes direct incitement to some form of humiliating action towards Moroccans. Then again, Hans Spekman is not Geert Wilders.

Clearly, in the Netherlands, justice is no longer blind and the courts no are longer independent and impartial state institutions. This should deeply concern all Dutch citizens.

• It is deeply troubling that the court already before the criminal trial has even begun, so obviously compromises its own impartiality and objectivity. Are other European courts also quietly submitting to jihadist values of curtailing free speech and "inconvenient" political views?
• If you are a politician and concerned about the future welfare of your country, you should be able to discuss the pertinent issues of the day, including problems with immigrants and other population groups.
• Article 10 of the European Convention on Human Rights states that: "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers..."
• In its case law, the Court has stated that Article 10 "...protects not only the information or ideas that are regarded as inoffensive but also those that offend, shock or disturb; such are the demands of that pluralism, tolerance and broad-mindedness without which there is no democratic society. Opinions expressed in strong or exaggerated language are also protected".
• Wilders did not incite to violence or prosecution (or humiliation), nor did he jeopardize national security or public safety.
• Clearly, in the Netherlands, justice is no longer blind and the courts no longer independent and impartial state institutions.