The trial of
Geert Wilders
Geert Wilders (; born 6 September 1963) is a Dutch politician who has led the Party for Freedom (''Partij voor de Vrijheid'' – PVV) since he founded it in 2006. He is also the party's leader in the House of Representatives (''Tweede Kamer'' ...
, a member of the
House of Representatives of the Netherlands
The House of Representatives (, pronounced ; commonly referred to as the ', literally "Second Chamber of the States General") is the lower house of the bicameral parliament of the Netherlands, the States General, the other one being the Senate. ...
, took place in the
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
in 2010 and 2011. Wilders was accused of criminally insulting religious and ethnic groups and
inciting hatred and
discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
. He was found not guilty in June 2011.
The leader of the
Party for Freedom
The Party for Freedom ( nl, Partij voor de Vrijheid, PVV) is a nationalist, right-wing populist political party in the Netherlands.
Founded in 2006 as the successor to Geert Wilders' one-man faction in the House of Representatives, it won nine ...
, Wilders has been the source of great controversy in the Netherlands and abroad for his
criticism of Islam
Criticism of Islam is broadly defined as criticism of the Islamic religion in its beliefs, principles, and/or any other ideas attributed to Islam.
Criticism of Islam has existed since Islam's formative stages.
Early written disapprovals came f ...
and what he describes as the
Islamization
Islamization, Islamicization, or Islamification ( ar, أسلمة, translit=aslamāh), refers to the process through which a society shifts towards the religion of Islam and becomes largely Muslim. Societal Islamization has historically occur ...
of the Netherlands. At his trial, he faced five counts of criminal offenses. The first charge was of criminally insulting Muslims because of their religion. The remaining four charges pertained to incitement of hatred and discrimination of Muslims,
Moroccans
Moroccans (, ) are the citizens and nationals of the Kingdom of Morocco. The country's population is predominantly composed of Arabs and Berbers (Amazigh). The term also applies more broadly to any people who are of Moroccan nationality, s ...
, and other non-
Western
Western may refer to:
Places
*Western, Nebraska, a village in the US
*Western, New York, a town in the US
*Western Creek, Tasmania, a locality in Australia
*Western Junction, Tasmania, a locality in Australia
*Western world, countries that id ...
immigrants because of their race or ethnicity. These charges stemmed from articles Wilders had written between 2006 and 2008, as well as his short film ''
Fitna''. These statements included a call for a ban on the
Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
, warnings against an "Islamic
invasion
An invasion is a military offensive in which large numbers of combatants of one geopolitical entity aggressively enter territory owned by another such entity, generally with the objective of either: conquering; liberating or re-establishing con ...
," and a "tsunami of Islamization." He also labeled Islam a
fascist
Fascism is a far-right, Authoritarianism, authoritarian, ultranationalism, ultra-nationalist political Political ideology, ideology and Political movement, movement,: "extreme militaristic nationalism, contempt for electoral democracy and pol ...
religion, described
Dutch-Moroccan
Moroccans in the Netherlands (, , also known as Dutch-Moroccans or Moroccan-Dutch) are immigrants from Morocco to the Netherlands and their descendants.
Migration history
Moroccans were not much represented in the first major postwar wave of mi ...
youths as violent, and compared the Quran with
Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Germany from 1933 until his death in 1945. He rose to power as the leader of the Nazi Party, becoming the chancellor in 1933 and then ...
's ''
Mein Kampf
(; ''My Struggle'' or ''My Battle'') is a 1925 autobiographical manifesto by Nazi Party leader Adolf Hitler. The work describes the process by which Hitler became antisemitic and outlines his political ideology and future plans for Germ ...
''. He has also referred to
Mohammed
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the monoth ...
as "the
devil
A devil is the personification of evil as it is conceived in various cultures and religious traditions. It is seen as the objectification of a hostile and destructive force. Jeffrey Burton Russell states that the different conceptions of t ...
."
The judges in the first trial were
removed due to perceived
bias
Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, ...
against Wilders, so a
retrial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
began in February 2011. The Dutch
Public Prosecution Service
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...
, after initially refusing to prosecute Wilders because it did not consider his statements illegal, was ordered by a court of appeal to prosecute him nonetheless. During the process, they argued that Wilders should be acquitted on all counts.
On 23 June 2011, Wilders was acquitted of all charges, with Judge Marcel van Oosten noting that his statements, although "gross and denigrating," had not given rise to hatred against Muslims, and as such were "acceptable within the context of public debate."
Van Oosten also said, however, that Wilders's statements were on the edge of legal acceptability.
Background
According to Article 71 of the
Dutch Constitution
The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the ...
, as an MP, Wilders has immunity with regard to anything he says in or writes to
parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. However, this protection does not extend to opinions expressed outside of parliament, allowing for prosecution based on his criticism of Islam. The possibility that Wilders could be prosecuted became clear between 2007 and 2010, when protests against alleged insults and incitement to hatred resulted in his criminal prosecution by the
district attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
in
Amsterdam
Amsterdam ( , , , lit. ''The Dam on the River Amstel'') is the Capital of the Netherlands, capital and Municipalities of the Netherlands, most populous city of the Netherlands, with The Hague being the seat of government. It has a population ...
. On 3 February 2010, the Amsterdam court ruled itself to be competent on the charges against Wilders.
Some of his public comments, as well as some of the content of Wilders' film ''
Fitna'', have been protested by agencies such as the Dutch anti-
discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, relig ...
group ''Nederland Bekent Kleur'' ( nl, The Netherlands Shows True Colours).
[ On 15 August 2007, a representative of the public prosecution service in Amsterdam declared that dozens of reports filed against Wilders were being considered.
Attempts to prosecute Wilders under Dutch anti-]hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
laws in June 2008 were dropped, with the public prosecution stating that Wilders' comments contributed to the debate on Islam in Dutch society and had been made outside parliament. The office released a statement reading: "That comments are hurtful and offensive for a large number of Muslims does not mean that they are punishable. Freedom of expression fulfils an essential role in public debate in a democratic society. That means that offensive comments can be made in a political debate."
Prosecution
Decision to try
The plaintiffs (''Nederlands Bekent Kleur'', organisations of Turkish
Turkish may refer to:
*a Turkic language spoken by the Turks
* of or about Turkey
** Turkish language
*** Turkish alphabet
** Turkish people, a Turkic ethnic group and nation
*** Turkish citizen, a citizen of Turkey
*** Turkish communities and mi ...
, Moroccan and Antillean
The Antilles (; gcf, label=Antillean Creole, Antiy; es, Antillas; french: Antilles; nl, Antillen; ht, Antiy; pap, Antias; Jamaican Patois: ''Antiliiz'') is an archipelago bordered by the Caribbean Sea to the south and west, the Gulf of Mex ...
people in the Netherlands, and an organization of mosque
A mosque (; from ar, مَسْجِد, masjid, ; literally "place of ritual prostration"), also called masjid, is a place of prayer for Muslims. Mosques are usually covered buildings, but can be any place where prayers ( sujud) are performed, ...
s) appealed against the prosecution's decision to not pursue the case and on 21 January 2009, a three-judge court of appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
ordered the public prosecutor to try Wilders. Their statement said that " a democratic system, hate speech is considered so serious that it is in the general interest to... draw a clear line" and that "the court also considers appropriate criminal prosecution for insulting Muslim worshippers because of comparisons between Islam and Nazism made by Wilders".[ If convicted, he could have been sentenced for up to 16 months of jail time or a fine of €9866.67.] His lawyer Bram Moszkowicz
Abraham Maarten 'Bram' Moszkowicz (; born 26 June 1960) is a Dutch jurist and former lawyer.
Early life and education
Abraham Maarten Moszkowicz was born on 26 June 1960 in Maastricht in the Netherlands. He is the son of Berthe Bessant and law ...
tried to have the appeal overturned at the Supreme Court of the Netherlands
The Supreme Court of the Netherlands ( nl, Hoge Raad der Nederlanden or simply ''Hoge Raad''), officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao ...
, but the Supreme Court's Procurator General decided he would not hear the case.
On 4 December 2009, Wilders was ordered to appear before the court on 20 January 2010 to defend himself against the charges of group insult of Muslims, fomenting hate and discrimination against Muslims because of their religion, and fomenting hate and discrimination against non-Western foreigners or Moroccans because of their race. On 11 January 2010, the Dutch public prosecution service brought additional charges against him, charging him with hatred against Moroccans and non-Western immigrants.
On 13 January 2010, the Amsterdam court rejected, after a closed pretrial hearing, submissions by Wilders that one of the charges against him should be dropped or reduced. He argued that he had only criticized Islam and not its adherents, and that the charge of insulting Muslims as a group should not stand. His lawyer Moszkowicz petitioned judges to drop the charge of insulting Muslims as a group, which he said would have little chance of winning a conviction. He cited a 2009 Dutch Supreme Court ruling that found insulting a religion is not the same as insulting followers of that religion, and not punishable under the current hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
laws. The judge said that the indictment only put into practice an earlier court ruling that he should stand trial and that the defense had not put forward any new evidence to overturn the ruling.
Charges
In total, Wilders was charged with the following five counts:
#Group insult
An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred".
Jocular exc ...
# Inciting hatred against Muslims because of their religion
#Inciting discrimination against Muslims because of their religion
#Inciting hatred against non-western immigrants
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
and Moroccans because of their race
#Inciting discrimination against non-western immigrants and Moroccans because of their race
The first charge is based on article 137c of the Dutch criminal code, and the rest are based on article 137d, both concerning hate speech
Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
.
First trial
Court proceedings began on 20 January 2010, with Wilders accused of discrimination on the basis of religion and spreading hate. On the eve of his trial, Wilders told journalists he expected to be acquitted, saying, "I have done nothing wrong." After receiving the summons
A summons (also known in England and Wales as a claim form and in the Australian state of New South Wales as a court attendance notice (CAN)) is a legal document issued by a court (a ''judicial summons'') or by an administrative agency of governme ...
, he commented that he considered the prosecution as "a political trial." He also announced his intention to call various experts to act as witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es. On the first day of the trial, Wilders gave a speech invoking Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
, among others.
When the trial resumed on 3 February, the judges decided who would be allowed to testify as witnesses. Wilders's desired witness list consisted of various experts on both the law and Islam, including university professors, radical imams, and Mohammed Bouyeri
Mohammed Bouyeri ( ar, محمد بويري ; born 8 March 1978) is a Moroccan-Dutch convicted terrorist serving a life sentence without parole in the prison of Nieuw Vosseveld (Vught) for the assassination of Dutch film director Theo van Gogh. ...
, the man who murdered filmmaker Theo van Gogh. Other individuals on the list included Afshin Ellian
Afshin Ellian (born 27 February 1966 in Tehran, Iran) is an Iranian-Dutch professor of law, philosopher, poet, and critic of political Islam. He is an expert in international public law and philosophy of law.
Biography
In 1989, Ellian came to ...
, a Dutch-Iranian professor at Leiden University
Leiden University (abbreviated as ''LEI''; nl, Universiteit Leiden) is a Public university, public research university in Leiden, Netherlands. The university was founded as a Protestant university in 1575 by William the Silent, William, Prince o ...
; Hans Jansen
Johannes Juliaan Gijsbert "Hans" Jansen (; 17 November 1942 – 5 May 2015) was a Dutch politician, scholar of contemporary Islam and author. , a Dutch scholar of Islam; Wafa Sultan, a Syrian American physician; Raphael Israeli
Raphael Israeli (born September 15, 1935) is an Israeli historian and writer. He is a professor emeritus of Middle Eastern, Islamic and Chinese history at the Hebrew University of Jerusalem, as well as a research fellow at Truman Institute for ...
, a Moroccan-Israeli professor at the Hebrew University of Jerusalem
The Hebrew University of Jerusalem (HUJI; he, הַאוּנִיבֶרְסִיטָה הַעִבְרִית בִּירוּשָׁלַיִם) is a public research university based in Jerusalem, Israel. Co-founded by Albert Einstein and Dr. Chaim Weiz ...
; Andrew G. Bostom
Andrew G. Bostom is an American author and medical doctor who frequently writes about the subject of Islam. He is an Associate Professor of Medicine at Brown University Medical School.
Profile and career
Bostom, who is Jewish, although "not part ...
, an American professor at Alpert Medical School
The Warren Alpert Medical School (formerly known as Brown Medical School, previously known as Brown University School of Medicine) is the medical school of Brown University, located in Providence, Rhode Island. Originally established in 1811, ...
of Brown University
Brown University is a private research university in Providence, Rhode Island. Brown is the seventh-oldest institution of higher education in the United States, founded in 1764 as the College in the English Colony of Rhode Island and Providenc ...
; Robert Spencer, an American author and blogger; and Ayatollah
Ayatollah ( ; fa, آیتالله, āyatollāh) is an Title of honor, honorific title for high-ranking Twelver Shia clergy in Iran and Iraq that came into widespread usage in the 20th century.
Etymology
The title is originally derived from ...
s Ahmad Jannati
Ahmad Jannati ( fa, احمد جنتی, born 23 February 1927) is an Iranian conservative politician. He was born in Ladan, Isfahan. Jannati is known for his anti-LGBT rhetoric and opposition to secularism. He is also a founding member of the H ...
and Mohammad Yazdii
Mohammad Yazdi ( fa, محمد یزدی, 2 July 1931 – 9 December 2020) was an Iranian conservative and principlist cleric who served as the head of Judiciary System of Iran between 1989 and 1999. In 2015, he was elected to lead Iran's Assembl ...
, members of the Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
ian Guardian Council
The Guardian Council, (also called Council of Guardians or Constitutional Council, fa, شورای نگهبان, Shourā-ye Negahbān) is an appointed and constitutionally mandated 12-member council that wields considerable power and influence i ...
.
The court rejected 15 of Wilders's 18 desired witnesses, ruling that Bouyeri and other Muslim extremists would not be allowed to testify in the case. The court accepted only the three Islam experts whom Wilders had called, rejecting the lawyers and Islamic extremists. The court also rejected the plea by Wilders's lawyer to transfer the case to the Supreme Court due to Wilders status as an MP. The court overruled this objection against its jurisdiction. "Parliamentary immunity does not extend to what a public representative says or writes outside of parliamentary gatherings." said Jan Moors, one of the judges at the Amsterdam court.
During the trial it became clear that the prosecutors were arguing for Wilders to be acquitted on all five counts.
On 22 October 2010, when the trial was nearing its conclusion, Wilders's attorney Moszkowicz asked for the judges to be substituted
A substitution reaction (also known as single displacement reaction or single substitution reaction) is a chemical reaction during which one functional group in a chemical compound is replaced by another functional group. Substitution reactions ar ...
because of a perceived bias against his client. Moszkowicz had unsuccessfully asked for substitution before. The second request was made because Tom Schalken, one of the judges in the court of appeal case that ordered the prosecution of Wilders on 21 January 2009 had allegedly tried to convince a witness in the main trial, Hans Jansen, that the trial was justified. Moszkowicz wanted to hear this witness immediately regarding the alleged conflict of interest, but the court decided it would not hear the witness. The substitution chamber decided that this decision had an appearance of bias and awarded the substitution, thereby ordering a retrial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
.
In the meantime, the alleged victims argued to the court of appeal that the prosecutors, by arguing for acquittal, had not fulfilled the court's order that Wilders had to be prosecuted, and that they should be replaced in the retrial. On 4 February 2011, the court of appeal decided against this complaint.
Second trial
On 7 February 2011, the retrial started. In the period between the trials, police investigated the claims that appellate judge Tom Schalken had tried to influence witness Hans Jansen. The new trial began with hearing the witnesses Schalken, Jansen, and Bertus Hendriks; the latter had hosted the dinner party at which Schalken spoke to Jansen. Moszkowicz argued that the trial against Geert Wilders could not continue because the witness had been influenced. During the hearing of Hendriks, Moszkowicz claimed that Hendriks had committed perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
; when the judges did not agree, Moszkowicz tried unsuccessfully to have them substituted as well.
On 23 May 2011, the judges decided that although Schalken should not have talked to Jansen, the witness had not been influenced, and the case could continue. As in the first trial, the public prosecution argued that Wilders should be acquitted on all counts. On 1 June the hearings concluded, with Geert Wilders asking the judges to find him not guilty. On 23 June 2011, Wilders was acquitted by the court of all charges, because his statements were, as presiding judge Marcel van Oosten put it, "acceptable within the context of public debate." Because both the public prosecutor and the defense requested complete acquittal, the verdict will most likely not be appealed, although some thought the plaintiffs might try to take the case before the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
.
Reactions
Described by ''Haaretz
''Haaretz'' ( , originally ''Ḥadshot Haaretz'' – , ) is an Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel, and is now published in both Hebrew and English in the Berliner f ...
'' as "a high-profile affair," the trial attracted international attention. The prosecution was condemned by editorials in ''The Wall Street Journal
''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
,''[ '']Investor's Business Daily
''Investor's Business Daily'' (''IBD'') is an American newspaper and website covering the stock market, international business, finance and economics. Founded in 1984 by William O'Neil as a print news publication, it is owned by News Corp and is ...
,'' ''The Washington Times
''The Washington Times'' is an American conservative daily newspaper published in Washington, D.C., that covers general interest topics with a particular emphasis on national politics. Its broadsheet daily edition is distributed throughout ...
,'' ''The American Spectator
''The American Spectator'' is a conservative American magazine covering news and politics, edited by R. Emmett Tyrrell Jr. and published by the non-profit American Spectator Foundation. It was founded in 1967 by Tyrrell, who remains its editor-i ...
,'' ''Forbes
''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
,''[ '']The Dallas Morning News
''The Dallas Morning News'' is a daily newspaper serving the Dallas–Fort Worth area of Texas, with an average print circulation of 65,369. It was founded on October 1, 1885 by Alfred Horatio Belo as a satellite publication of the ''Galvesto ...
,'' ''City Journal
''City Journal'' is a public policy magazine and website, published by the conservative Manhattan Institute for Policy Research, that covers a range of topics on urban affairs, such as policing, education, housing, and other issues. The magazine ...
,'' ''Montreal Gazette
The ''Montreal Gazette'', formerly titled ''The Gazette'', is the only English-language daily newspaper published in Montreal, Quebec, Canada. Three other daily English-language newspapers shuttered at various times during the second half of th ...
,'' ''The Jerusalem Post
''The Jerusalem Post'' is a broadsheet newspaper based in Jerusalem, founded in 1932 during the British Mandate of Palestine by Gershon Agron as ''The Palestine Post''. In 1950, it changed its name to ''The Jerusalem Post''. In 2004, the paper w ...
,'' Canada.com,[ and '']The Australian
''The Australian'', with its Saturday edition, ''The Weekend Australian'', is a broadsheet newspaper published by News Corp Australia since 14 July 1964.Bruns, Axel. "3.1. The active audience: Transforming journalism from gatekeeping to gatew ...
''. New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
Mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
Michael Bloomberg
Michael Rubens Bloomberg (born February 14, 1942) is an American businessman, politician, philanthropist, and author. He is the majority owner, co-founder and CEO of Bloomberg L.P. He was Mayor of New York City from 2002 to 2013, and was a ca ...
criticized it in front of the Mayor of Amsterdam
Below is a list of mayors (Dutch: ''burgemeesters'') of Amsterdam, capital of the Netherlands. The city had four burgomasters, serving four years. Since 1389 the mayors were elected on 1 February. In the 17th and 18th century, a new mayor was ele ...
and the Dutch Ambassador
An ambassador is an official envoy, especially a high-ranking diplomat who represents a state and is usually accredited to another sovereign state or to an international organization as the resident representative of their own government or sov ...
to the United States. The People's Party for Freedom and Democracy
The People's Party for Freedom and Democracy ( nl, Volkspartij voor Vrijheid en Democratie ; VVD) is a conservative-liberal Andeweg, R. and G. Irwin ''Politics and Governance in the Netherlands'', Basingstoke (Palgrave) p.49 political party in ...
called the case "alarming."
The Dutch center-left Labour party welcomed the court's 2009 decision to prosecute Wilders, as did the Socialist Party
Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of th ...
. The Muslims and Government Consultative Body said that "We are positive that this will contribute to a more respectful tone to the public debate."[ Abdelmajid Khairoun, Dutch Muslim Council chairman, expressed support, stating that "Muslim youngsters who make anti-Semitic remarks are prosecuted but Wilders' anti-Islamic remarks go unpunished".][
The American ]Middle East Forum
The Middle East Forum (MEF) is an American conservative think tank founded in 1990 by Daniel Pipes, who serves as its president. MEF became an independent non-profit organization in 1994. It publishes a journal, the ''Middle East Quarterly''.
Ac ...
set up a legal defense fund In the United States, a legal defense fund (or LDF) is an account set up to pay for legal expenses, which can include attorneys' fees, court filings, litigation costs, legal advice, or other legal fees. The fund can be public or private and is set ...
for Wilders.
The Dutch writer and historian Ian Buruma
Ian Buruma (born December 28, 1951) is a Dutch writer and editor who lives and works in the United States. In 2017, he became editor of ''The New York Review of Books'', but left the position in September 2018.
Much of his writing has focused on ...
, writing in an op-ed
An op-ed, short for "opposite the editorial page", is a written prose piece, typically published by a North-American newspaper or magazine, which expresses the opinion of an author usually not affiliated with the publication's editorial board. O ...
published in the ''New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'', argued that "for a man who calls for a ban on the Koran to act as the champion of free speech is a bit rich."
A February 2009 survey by Angus Reid Global Monitor
Angus Reid (born December 17, 1947) is a Canadian entrepreneur, pollster, and sociologist. He is the chairman of the Angus Reid Institute and CEO and founder of Angus Reid Global. He is director of the Reid Campbell Group which operates Rival Te ...
found that Dutch public opinion
Public opinion is the collective opinion on a specific topic or voting intention relevant to a society. It is the people's views on matters affecting them.
Etymology
The term "public opinion" was derived from the French ', which was first use ...
was deeply split on the prosecution, with 50% supporting Wilders and 43% opposed. However, public support for the Party for Freedom
The Party for Freedom ( nl, Partij voor de Vrijheid, PVV) is a nationalist, right-wing populist political party in the Netherlands.
Founded in 2006 as the successor to Geert Wilders' one-man faction in the House of Representatives, it won nine ...
vastly increased since Wilders's legal troubles began, virtually tying with the People's Party for Freedom and Democracy as the third most popular national party. According to Radio Netherlands
Radio Netherlands (RNW; nl, Radio Nederland Wereldomroep) was a public radio and television network based in Hilversum, producing and transmitting programmes for international audiences outside the Netherlands from 1947 to 2012.
Its services i ...
, "Dutch politicians themselves seem to be keeping quiet on the issue; they are probably worried that media attention will only serve to make the controversial politician more popular."
Robert Spencer, creator of Jihad Watch
Jihad Watch is an American far-right anti-Muslim conspiracy blog operated by Robert B. Spencer. A project of the David Horowitz Freedom Center, Jihad Watch is the most popular blog within the counter-jihad movement. Organization
The site featur ...
and author of articles and books relating to Islam and Islamic terrorism
Islamic terrorism (also known as Islamist terrorism or radical Islamic terrorism) refers to terrorist acts with religious motivations carried out by fundamentalist militant Islamists and Islamic extremists.
Incidents and fatalities f ...
, wrote on National Review Online
''National Review'' is an American conservative editorial magazine, focusing on news and commentary pieces on political, social, and cultural affairs. The magazine was founded by the author William F. Buckley Jr. in 1955. Its editor-in-chief i ...
that "The Geert Wilders trial ought to be an international media event; seldom has any court case anywhere had such enormous implications for the future of the free world."
Free speech
Wilders believed that his freedom of speech and traditional European freedoms were the primary subject of the trial. In February 2010, in an interview with Israel National Radio, Wilders said he was "fighting for one thing: the preservation of our culture, which is based on Christianity, Judaism and humanism – and not on Islam... While Islamization of our society grows, the political elite looks in the other direction and ignores the real problem, namely, the impending loss of our freedom. I am fighting not against Moslems, but against the influx of a totalitarian ideology called Islam." He has cited Gregorius Nekschot
Gregorius Nekschot is the pseudonym of a controversial Dutch people, Dutch cartoonist who mocks political ideas about Dutch multicultural society and the behaviour of people with rigid religious or ideological views. Islam is frequently subject of ...
, a similar case of Islam related free-speech restrictions, on his website.
After being cleared of all charges, Wilders commented that the victory was not only an acquittal for himself, but a victory for freedom of expression in the Netherlands. Commentators believed that the plaintiffs may attempt to bring their case before the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
. Gerard Spong, a lawyer instrumental in getting the case heard, expressed his disappointment with the verdict, seeing the judge's ruling based on "public context" as vague. Theo de Roos, professor of law at the Tilburg University
Tilburg University is a public university, public research university specializing in the social and behavioral sciences, economics, law, business sciences, theology and humanities, located in Tilburg in the southern part of the Netherlands.
Tilb ...
, saw the case as a precedent for ethnic incitement in Dutch law, prohibiting only actual threats.
See also
*Criticism of Islam
Criticism of Islam is broadly defined as criticism of the Islamic religion in its beliefs, principles, and/or any other ideas attributed to Islam.
Criticism of Islam has existed since Islam's formative stages.
Early written disapprovals came f ...
*Freedom of speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
*Islamophobia
Islamophobia is the fear of, hatred of, or prejudice against the religion of Islam or Muslims in general, especially when seen as a geopolitical force or a source of terrorism.
The scope and precise definition of the term ''Islamophobia'' ...
Notes
External links
Personal blog of Geert Wilders
Official website of the Freedom Party (PVV)
Geert Wilders and the Death of Free Speech
by Robert Spencer
Copy of the summons served to Wilders
Websites dedicated to the trial:
Wilders on trial
Het Wilders proces
Actueel thema Proces Wilders
by ''NRC Handelsblad
''NRC'', previously called ''NRC Handelsblad'' (), is a daily morning newspaper published in the Netherlands by NRC Media. It is generally accepted as a newspaper of record in the Netherlands.
History
''NRC Handelsblad'' was first published on 1 ...
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