Friday, October 15, 2010

More Details on the Prosecutors’ Request

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Many thanks to VH for this tip from the Public Prosecutors’ website (OM). The pdfs linked at the bottom are in English:

Public Prosecution Service requests acquittal for all counts in Wilders case

15 oktober 2010 - Arrondissementsparket Amsterdam

Today, the Public Prosecution Service in Amsterdam (OM) has pronounced the final part of the closing speech in the trial against Geert Wilders. The OM has requested acquittal for inciting hate and inciting discrimination by Geert Wilders.

On 12 October 2010 the Public Prosecution Service (OM) discussed the assessment criteria for Section 137c, Penal Code (Sr) and assessed the statements charged under Offence 1 according to them. The OM has requested acquittal for Offence 1.

The public prosecutor’s demand continued on 15 October 2010 with a description of the assessment criteria for Section 137d Sr and the assessment of offences 2, 3, 4 and 5.

The following has been addressed today:

  • theoretical part of Section 137d Sr (instigating hatred and instigating discrimination)
  • assessment according to criminal law of Offence 2 (instigating hatred because of religion)
  • assessment according to criminal law of Offence 3 (instigating discrimination because of religion)
  • assessment according to criminal law of Offence 4 (instigating hatred because of race)
  • assessment according to criminal law of Offence 5 (instigating discrimination because of race)

In the comprehensive closing speech, the prosecutors have argued why they requested acquittal. In his statements, Wilders usually refers to the Islam; not to Muslims. Criticising a religion is not punishable, according to the OM.

Some of Wilders’ statements constitute ‘instigating discrimination’. However, those were made to contribute to a social debate, by Wilders as politician. Therefore, the punishable nature of instigating discrimination is eliminated.

The OM requests acquittal for all statements in offences 1, 2, 3, 4 and 5.

Files in English:

  • Summary public prosecutor — closing speech Wilders (October 15) part2.pdf (45 Kb; pdf)
  • Part 1 (October 12, closing speech Prosecutor) can be downloaded here (43.43 Kb; pdf)


Yorkshireminer said...

I have been reading the comments in “ De Telegraaf” a center right newspaper here in the Nederland. I would like to translate a few of the comments there are over 200 at the moment and it will give a feeling for the mood of the average Dutch person here in Holland. I keep refreshing the page and the comments are coming in at the rate at the moment of about 5 a minute. All are or 95% are very positive.

Rightly so, congratulation, pity about wasting Geert time and our money

Congratulations Geert, We know very well who incites hate.

Geert is the only politician who tell it how it is, he talks normal Dutch without pretensions and the only politician with balls great guy I wish we were all like him

At last Justice, and so goes Nederland

I come by many firms in Germany and they find it sad that they have no politicians as Wilders.

Hopefully the freedom of expression will not be further attacked, and we can say what we will in relationship too Islam. Freedom has won.

I was genuinely frightened that I would lose my faith in our justice system, I am now reassured , at last justice.

So it goes on in the same style, many complain about the cost of the court case, which implies that they should not have started it in the first place, one even suggests that they should send the bill too Hirch Ballin. They were certainly aware of the cost that the Dutch society would pay if he was convicted. It was if a sigh of relief was expressed. I have read through the bulk of the comments which is quickly heading towards 300 and I have seen about 3 that were against Wilders. The interesting thing is that there were no muslim comments so they are keeping there heads down for now. I think it will free up debate here in Holland if you don't make it personal but general you will be able to get away with a hell of a lot more. This decision has virtually ring fenced Geert from anymore prosecution. I expect that the Imams lawsuit will also fall by the way side. He is detested here in Holland and any decision in his favor would alienate even more Dutch. This has been great publicity for the PVV, it was a win win situation from the start. I see this as a turning point people will feel more free to express there feeling without the fear of these draconian political blasphemy law hanging over there heads. Political decent from the PC norm is steadily building up a head of steam and it will have reached critical mass in a couple of years. We live in interesting times.