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MP Wilders to be Prosecuted for Insulting Muslims

THE HAGUE, 22/01/09 - Party for Freedom (PVV) leader Geert Wilders will be prosecuted for “incitement to hatred and discrimination” and “insult of Islamic worshippers”. The appeal court in Amsterdam ruled yesterday that the Public Prosecutor’s Office (OM) must bring a case against the MP.

A series of Islamic organisations and individuals had asked the OM to prosecute Wilders for statements he made on Islam in the media and in his short anti-Islam film ‘Fitna.’ The OM decided in July 2008 that none of these statements were punishable offences, and therefore brought no case against the politician.

The far left organisation Netherland Recognises Colour (Nederland Bekent Kleur) and various Muslim groups and individuals had asked the appeal court to force the OM to prosecute Wilders after all. They got their wish yesterday.

The appeal court considers “that the contested views of Wilders (also as shown in his movie Fitna) constitute a criminal offence according to Dutch law as seen in connection with each other, both because of their contents and the method of presentation. This method of presentation is characterized by biased, strongly generalizing phrasings with a radical meaning, ongoing reiteration and an increasing intensity, as a result of which hate is created.”

Furthermore, “most statements are insulting as well since these statements substantially harm the religious esteem of the Islamic worshippers.” (...) Also, “the instigation of hatred in a democratic society constitutes such a serious matter that a general interest is at stake in order to draw a clear boundary in the public debate.”

Politicians cannot be prosecuted for statements made in parliament. The case however involves statements by Wilders in De Volkskrant and De Pers newspapers, in an Internet column and in Fitna.

In an opinion piece in De Volkskrant, Wilders wrote among other things: “I have had enough of Islam in the Netherlands: no new Muslim immigrants anymore. I have had enough of the worship of Allah and Mohammed in the Netherlands: No more new mosques. I have had enough of the Koran in the Netherlands: Ban that Fascist book.”

“This is a very black day for me and for freedom of speech,” said Wilders in an initial reaction. “I am very affected by it. I absolutely did not expect it.”

In the case that will follow “as well as me, the 500,000 people who have voted for the PVV and everyone that has criticisms of Islam” will stand trial, according to Wilders. “It has apparently come to this in the Netherlands; if you give your views, you run the risk of being prosecuted. Participating in a public debate has become a dangerous activity.”

The appeal court concluded that “the way in which the public debate about controversial issues is held, such as the immigration and integration debate, does not fall within the ambit of the law in principle indeed. But the situation changes when fundamental boundaries are exceeded. Then criminal law does appear as well.”

Wilders fears years of proceedings. “Whoever wins now, this will go right through to the Supreme Court. This will also cost a lot of money. That is not the most important thing, but I do not have so much money.” Wilders could not yet say whether he would consider raising external funds to enable him to pay the legal costs.

The conservatives (VVD) - Wilders was a VVD MP until 2004 - are calling it “worrying” that a parliamentarian is being prosecuted for statements that he has made as a politician. It is the job of a people’s representative to let his views be heard in society, according to VVD MP Fred Teeven.

Labour (PvdA) has however welcomed the prosecution of Wilders. It is “a good thing that judges will rule on the anti-Islamic statements of PVV colleague Geert Wilders”, according to MP Ton Heerts.

Nasr Joenmman, board member of the Muslims and Government Consultative Body (CMO), was also pleased. Organisations affiliated to the CMO had asked the appeal court for the PVV leader’s prosecution. CMO is the cabinet’s official consultative partner on integration policy on behalf of Muslims.

http://www.nisnews.nl/public/220109_1.htm