Six activists appeared before the court today for committing criminal offenses in the context of a demonstration. The Public Prosecution Service presents the cases to the judge to obtain a clear ruling on the scope for punishment. The right to demonstrate is an important fundamental right, but it is not a license to commit criminal offenses, argued the public prosecutor.
Within a demonstration, much is allowed according to the judge: previously, no penalties were imposed for criminal offenses committed by peaceful demonstrators. In most cases, it concerned violations of the Public Manifestations Act, namely not complying with an order from the mayor.
The Public Prosecution Service is generally cautious about prosecuting peaceful activists. The criminal boundaries have often been explored and established in recent years. However, the six defendants who appeared before the court today have, according to the Public Prosecution Service, committed more serious criminal offenses multiple times, for which punishment would be appropriate. Or they have committed violence, which is generally never acceptable, even if it happens once.
A 45-year-old man from Amsterdam, a 32-year-old man from Amsterdam, a 67-year-old woman from Hilversum, a 27-year-old woman from Rijswijk, a 44-year-old man from Utrecht, and a 28-year-old man from Friesland had to appear before the court today for various offenses.
Destruction, assault, and dangerous traffic situations
To begin with, it involved various acts of destruction. For example, the walls of the tunnel basin of the Utrechtsebaan in The Hague were defaced multiple times, costing the municipality a lot of money and time to repair. The Ministry of Economic Affairs and Climate also suffered, as paint was smeared on the windows during a demonstration. During a protest at TU Delft, a sliding door was forcefully held open, which then broke. Although much is allowed under the right to demonstrate, the Public Prosecution Service believes that acts of destruction causing significant damage should not fall under that.
Furthermore, it concerned the disruption of a council meeting in Westland in December 2023. Activists walked from the public gallery onto the floor of the meeting and stood among the council members. The meeting had to be suspended. This is an unwanted disruption of the democratic process and contributes to feelings of insecurity among elected representatives. The Public Prosecution Service believes that a clear criminal signal must be sent that this cannot happen.
Regarding assault, the Public Prosecution Service believes there can never be justification for violence. An activist who grabbed a security guard by the throat and held him for some time also stood before the court.
Finally, it concerned the blockades of the A12, where hundreds of demonstrators were arrested and removed. They were not further prosecuted, as their arrest had already achieved the main goal, namely ending the criminal blockade. For some activists, however, the Public Prosecution Service sees it differently. They had attached themselves with so-called lock-ons and actively obstructed the polices work.
An activist who twice brought his car to a stop on the A12, presumably to clear the way for the blockade, has caused dangerous traffic situations, according to the Public Prosecution Service.
Sentencing demands
The 45-year-old man from Amsterdam has been accused of destruction twice and obstruction of the A12 twice. A sentence of 120 hours of community service was demanded against him.
The 32-year-old man from Amsterdam has been accused of destruction twice and obstruction once. A sentence of 30 hours of community service was demanded against him.
The 67-year-old woman from Hilversum has been accused of destruction once and obstruction once. A sentence of 20 hours of community service was demanded against her.
The 27-year-old woman from Rijswijk has been accused of destruction twice and disruption of a council meeting once. A sentence of 20 hours of community service was demanded against her.
The 44-year-old man from Utrecht has been accused of destruction twice and obstruction once. A sentence of 30 hours of community service was demanded against him.
The 28-year-old man from Friesland has been accused of assault. A fine of 750 euros was demanded against him.