The right to demonstration is an important fundamental right, but the freedom of assembly is too. This right cannot simply be set aside by the demonstrative rights of suspects.’’ Today, the public prosecutor in Zutphen demanded fines of 400 and 500 euros against four suspects who disrupted a council meeting of the municipality of Elburg on November 13, 2023.
Shortly after the start of the council meeting, around 7:45 PM, an unannounced demonstration by Kick Out Zwarte Piet began. About 15 demonstrators stood up from the public gallery. They took their place in the middle of the council chamber, shouted slogans, applauded, and displayed a banner. A speech was also held. The mayor was asked to sign a covenant for an inclusive Sinterklaas celebration. The mayors offer to talk after the council meeting was not accepted. Ultimately, the demonstration ended around 9:30 PM, and the mayor decided not to resume the council meeting. According to the mayor, too much commotion and emotion had arisen to make sound decisions, including about the budget. One of the council members had already left the town hall.
The Public Prosecution Service emphasizes that the suspects were not summoned because of the message or opinion they expressed. Nor to set an example. ‘’Freedom of expression and the right to demonstrate are fundamental rights that must be respected and cannot, in principle, be tampered with.’’
In this case, there was a peaceful demonstration, which falls under the protection of Articles 10 and 11 of the European Convention on Human Rights. But this right is not unlimitedly protected, according to the public prosecutor. The exercise of this right brings duties and responsibilities.
In considering whether prosecution is justified, the Public Prosecution Service weighed the interests of the right to demonstrate and the right to assembly against each other.
The Public Prosecution Service decided to proceed with prosecution, as there was a criminal offense under Article 144 of the Penal Code: disrupting a council meeting. ‘’The demonstrators deprived the municipal council of their right to an undisturbed meeting,’’ said the public prosecutor. The prosecutor pointed to the duration and impact of the disruption: ‘’The actions of the demonstrators were experienced as coercion, threat, and intimidation. Signing a covenant was demanded, and council members were continuously filmed and approached closely.’’
‘’A demonstration may result in some inconvenience to others, but the feelings of insecurity experienced by the mayor and council members truly cross a line. A line is also crossed when the democratic process is jeopardized by a demonstration. The manner of demonstrating in this case is reprehensible.’’
Considering everything, the public prosecutor demanded a fine of 400 euros against three suspects (a 44-year-old man from Amsterdam, a 28-year-old man from Rotterdam, and a 53-year-old woman from Hoorn) and a fine of 500 euros against a 26-year-old woman from Rotterdam.
The magistrate will rule on Friday, September 26.
