The Public Prosecution Service in East Netherlands drops the cases against five individuals who attempted to protest during the commemoration of liberation in Wageningen on May 5. The complaint filed by these protesters against Major Marco Kroon, who grabbed one of the protesters and dragged him to the fence, is also being dropped.
Two individuals breached the barriers set up at the 5 May Square in Wageningen during the ministers speech. They attempted to unfurl a banner, but this was prevented by Major Kroon, who was seated in the front row as a guest. Five individuals were arrested.
The criminal cases against these five individuals are being dropped. There is no evidence of criminal offenses that would justify prosecution of the protesters. The Public Prosecution Service is cautious in initiating prosecutions against protesters, with each case being assessed individually regarding the severity and circumstances of the situation and the potential consequences of any criminal action. The right to protest in the Netherlands is based on Article 9 of the Constitution, and a peaceful demonstration is protected under Articles 10 and 11 of the ECHR. Furthermore, the Public Prosecution Service considers judgments from courts in cases involving protesters.
Intervention
After two protesters entered the enclosure, Kroon intervened. The protesters filed a complaint against Kroon, claiming that he ended a peaceful demonstration in their eyes. This complaint will also not be pursued criminally.
The Public Prosecution Service explicitly distances itself from the notion that it is permissible - or even a duty - to physically attack protesters during demonstrations, to assault them, or to thwart their demonstration.
However, the Public Prosecution Service does not find prosecution of Kroon appropriate. This is due to the timing and circumstances. When two individuals from the audience breach the enclosure during a ministers speech, it is not immediately clear what their intentions are. It is not inconceivable that they have something malicious in mind. This can cause panic, particularly among the audience present. Police intervention is then expected.
Kroon should have left the intervention to the present police and acted too hastily in that regard. However, given the circumstances, Kroons reaction, being a military accustomed to acting quickly, is understandable.
Restorative Conversation
The Public Prosecution Service believes that this provides an appropriate consequence to the events, the consequences of which ultimately remained limited. The Public Prosecution Service has also taken into account the intentions of both parties. The protesters wanted to exercise their right to protest: a fundamental right that stands firm in the Netherlands thanks in part to the efforts of veterans. Major Kroon aimed to ensure a safe and undisturbed commemoration of that effort by the veterans. The Public Prosecution Service encourages both parties to engage in a conversation about this and has offered to facilitate such a restorative dialogue.
