The Public Prosecution Service prosecutes five activists who have repeatedly committed offenses during demonstrations over the past years and one activist who has committed violence. The Public Prosecution Service presents these cases to the court to clarify the boundaries of prosecution.
The right to protest is an important fundamental right, meaning the Public Prosecution Service is generally cautious in prosecuting activists. In recent years, the legal limits have often been tested: according to the court, much is permissible within a demonstration. Previously, judges did not impose penalties for offenses committed by peaceful protesters.
In most cases, it concerned violations of the Public Manifestations Act, namely not complying with an order from the mayor. This is a minor offense, and the Public Prosecution Service did not prosecute in these cases, as their main objective of ending the unlawful blockade was already achieved.
For more serious offenses - such as vandalism of the tunnel basin or obstructing the police during their work - judges often did not impose penalties on activists either. Their arrest meant they could no longer exercise their right to protest, which the court considered sufficient punishment. However, the Public Prosecution Service believes a penalty is warranted when an activist repeatedly commits such crimes.
Repeated Offenses
It is understandable that within a demonstration, boundaries are tested to passionately make a point. However, those who repeatedly cross these boundaries commit offenses to make a point, which, according to the Public Prosecution Service, should never be the intent of the right to protest. It is not a free pass to commit increasingly serious offenses. Moreover, violence is never acceptable, even if it occurs only once.
The five activists the Public Prosecution Service will prosecute have committed more serious offenses more than once. The sixth activist has used violence against a security guard once. The suspects have been informed of the intention to prosecute, and a hearing date is currently being sought.
Activists who are arrested once for a serious offense are not prosecuted. Given previous case rulings, there is no longer any room for punishment in these cases. Their cases have been dropped by the Public Prosecution Service as prosecution does not outweigh the societal interest of the right to protest.
The Cases
Three suspects (a 66-year-old woman from Hilversum, a 31-year-old man from Amsterdam, and a 43-year-old man from Utrecht) are suspected of vandalizing the tunnel basin walls during a demonstration on February 14, 2023, and obstructing the police during a demonstration on September 14, 2024, by chaining themselves somewhere. Removing these demonstrators from the road cost the police a lot of time that could have been spent on other, more important matters. The Utrecht man is also suspected of a third offense, namely vandalizing the tunnel basin on March 26, 2024.
A 44-year-old man from Amsterdam is suspected of vandalizing the tunnel basin walls on February 14, 2023, and on March 26, 2024.
A 26-year-old woman from Rijswijk is suspected of three offenses: vandalizing the tunnel basin wall on June 20, 2023, disrupting a public council meeting in the municipality of Westland on December 13, 2023, and breaking the windows of the Ministry of Economic Affairs on April 8, 2024.
Finally, a 28-year-old man from Lekkum is suspected of only one offense, but it involves a violent act. He allegedly assaulted a security guard at an event against which the activists were protesting on April 11, 2024.
New Criminal Offenses
While awaiting the hearing, the Public Prosecution Service continues to investigate new criminal offenses (other than violations of the Public Manifestations Act) during demonstrations. Activists were also arrested during an Extinction Rebellion action on January 11 for committing crimes. If the Public Prosecution Service finds evidence that one or more of the aforementioned six suspects have committed offenses again, they will also be prosecuted for these new crimes. The same applies to other suspects if it turns out they repeatedly commit such criminal offenses.