Rightwing populist Dutch MP Geert Wilders has enlisted one of the Netherlands' top lawyers to fight his prosecution over inciting hatred and discrimination. The lawyer, Bram Moszkowicz, has confirmed he is taking the case to the country's Supreme Court, requesting an immediate end to the proceedings. He is calling for the Court to quash the prosecution order "in the interest of the law". The Supreme Court (Hoge Raad) is the country's highest judicial body.
Bram Moszkowicz |
The Amsterdam appeals court in January ordered that Wilders must be prosecuted for inciting hatred and discrimination, and for insulting Muslims by describing the Qur'an as "the Islamic Mein Kampf [Adolf Hitler's political credo]". Mr Wilders, leader of the opposition Freedom Party, claims he is doing nothing other than exercising his right to free speech, both inside and outside parliament.
Ruthless fight
Following formal objections by individual citizens and interest groups, the Amsterdam court order reversed a decision by the public prosecutor's office to refrain from opening a case against Mr Wilders.
On his website, the maverick MP, referring to Mr Moszkowicz, says, "I've hired the best lawyer of the Netherlands for a ruthless fight against the charges that I'm facing." In an earlier case the high-profile lawyer profited from a state's request to quash a case in the interest of the law, achieving almost by accident his desired result of halting the prosecution in the Netherlands of Surinam's former strongman Desi Bouterse for his involvement in a series of political murders in 1982. The court declared in 2001 that the Netherlands had no jurisdiction in that case.
Legal minds
According to Ybo Buruma, professor of criminal law at Radboud University in Nijmegen, Wilders's request to have his case put before the high court has a minimal chance of success. Buruma thinks that public relations are more involved here than the law. Yet he understands why Moszkowicz is exploring this avenue, given the consequences of the verdict in the Bouterse case.
Buruma thinks Moszkovicz could argue that the prosecutor has no jurisdiction in this case. Wilders' film Fitna and his remarks made in parliament should have been labelled as malfeasance. In that case parliament should have instigated its own proceeding if it feels Wilders has abused the special nature of his position. "And that won't stand a chance either," says Buruma.
"Not senseless"
His Tilburg University colleague, professor Theo de Roos, however, says that it is "not senseless" for Mr Wilders to involve the Supreme Court. Professor De Roos talking to NRC Handelsblad pointed to a case involving nuclear waste disposal. The case was similar in that the public prosecutor refrained from prosecution, but a court took up the case, until the Supreme Court ordered the proceedings to be broken off. And that is exactly the sequence of events that Mr Wilders appears to be aiming for.
However, "if no obvious failure was made here, I don't see why the prosecution should accept Wilders' request," professor De Roos says.
This article was edited in partnership with NRC International
Tags:
Geert Wilders,
Islam
Jurist Mohamad Ali,
forgery1@hotmail.com,
23-02-2009
-
The Unguilty Geert Wilders The Islamic Legality of The Fitna Film & To Draw Mohammad http://lovewilders.wordpress.com/ http://antishari3a.wordpress.com/ http://www.youtube.com/user/Bendictos
Simone,
12-02-2009
- Netherlands
@ Frank UK, Actions speak more than words, and to most objective people the Quran advocates hatred. If you want to justify the contrary, then the way is to have the Quran examined in a court of law or a public forum/debate, and in this debate there should be the full freedom to subject the Quran to any kind of test just like a person tried in court is subjected to. You making statements without evidence does not have any value, its incumbent upon you to provide the proof. What you have said in your message about Quranic verses makes no logical sense. I doubt you are really Frank with a Christian name.
Frank,
11-02-2009
- UK
@ Al Rassooli: I am a professor of religious studies and I am fluent in both English and Arabic. Your claim is false, the Quran is not full of hate as you state. If Arabic was indeed your first language (which I doubt), then you would have understood that the verses of the Quran are based on a certain situation and any "violent" verses are directed towards people at the time of the prophet and are not a general idea. Your mentality is what uneducated extriemists use to lure the masses to follow their evil ideas.
The Quran is like a poetry book, to understand it you have to read it with the "tafseer". Technically speaking it is one of the most peaceful religious books around.
Please do not spread lies about something that you do not understand.
J. English,
10-02-2009
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I am totally disgusted with Western politicians, who now prosecute people for simply reporting the hatred of others. If you report hatred that you witness, YOU are now prosecuted, and those who preached the hatred are protected by the law. What a ridiculous situation we have now got ourselves into. There should be rioting in the streets until freedom of speech is returned to Europe.
ron,
06-02-2009
- holland
Al Rasooli mentions some facts that seems to justify Wilders's "paranoia".
I think ive found 2.
1 The nazi's wanted to wipe the jews out. The muslims only want to wipe them out if they refuse to become 2nd class citizens.
2 And come to think of it, if you were not in the nazi's cool book, extermination was the way to go. With Islam one can allways escape ones horrible fate by turning muslim.
I know it's not much but the options of a jew of staying alive are clearly better.
Colin,
05-02-2009
- UK
Some in Dutch politicians have compared Wilders to the Nazis - shouldn't they not be prosecuted as well?
Criticizing Wilders in this fashion is okay - but criticizing Islam and its more violent tenant is not okay?
What Wilders is saying is Muslims should come into Dutch society and be a part of it - we don't want Islamic laws here - everyone shouldn't have to live like Muslims - because there are Muslims in the country !!
This seems to have become a crime...under the new Dutch/Islamic legal system.
Q,
05-02-2009
-
Sandra, I do hate the state of Israel, not the jewish people (do you know the difference?). Secondly a question: why coming to a forum to give my opinion makes me a coward? And no, I am not here (wherever here is, with a residency permit but out of full right, are you? Anyways, glad to see my points confirmed with so many assumptions and incoherences on your text, seems I am doing well (sorry, I really do not feel miserable as you pointed out). Now, go read a bit, with some luck you might learn something a part of speculating about my persona!
lindy,
05-02-2009
- usa
Thank you Geert Wilders for having the courage to show the truth. The hate towards jews, women, gays, America and Israel shown in your film is horrifying. Strange how your enemies never mention that. Stay strong, you have lots of support out there.
SPRAT,
04-02-2009
- GERMANY
Muslims have absolutely no regard for freedom and reasonable speech. They are so thoroughly brain-washed that if someone asks about the weather they are offended. An infidel should ask about the weather? How dare he?
SPRAT,
04-02-2009
- USA
For anyone that's interested, read Mein Kampf and read the Koran and if you see a big difference let somebody know. For all of you who talk a lot, wouldn't it be a good idea for all of you to learn to read, finally.
Al Rassooli, author of the book “Lifting the Veil: The True Faces of Muhammad and Islam” ,
04-02-2009
-
After spending 23 years STUDYING the Quran in Arabic (my native language - I was born in Iraq) I can confirm its chapters are FULL of endless hatemongering, warmongering and all-out racism against all so called unbelievers and disbelievers. These many highly discriminatory verses repeatedly demand extreme contempt and violence from all believers against EVERYONE ELSE; namely the remaining 80% or so of humanity who do not believe as do the followers of Muhammad. That 80% includes ALL Christians, Buddhists, Hindus, Jews, Animists and others. The same contempt and violence is even required within Islam between different sects of the ideology itself and so the Quran in fact condemns potentially MORE than 80% of humanity to be subjected to its dreadful regime of hate, fear and violence.
I have also made a detailed historical and comparative study of Hitler’s book “Mein Kampf” and can confirm the close relationship between the two. Hitler was no stranger to the Quran and its so-called teachings. Indeed he travelled to the Middle East and spent much time with, amongst others, Hajj Amin al-Husseini (the Grand Mufti of Jerusalem). There was great mutual respect and admiration between Hitler and people like al-Husseini and al-Banna. The Quran acted as an inspiration to Hitler his book “Mein Kampf” was partly based upon it. The Muslim world delighted in translating his book into Arabic and so repaying the complement and strengthening the bond. Al-Husseini even planned a death camp for exterminating Jews from the Middle East to be modeled on Auschwitz and built near Nablus.
These are not racist remarks. These are statements made based on the Arabic language of the Quran, my mother tongue. There can therefore be little doubt from a factual or academic point of view that Mr WILDERS IS CORRECT. All I ask is you try to prove what I have just said wrong provided you can do so based entirely on KNOWLEDGE and not perception or unsubstantiated opinions. Thank you.
sandra,
04-02-2009
- Nederlands
Q. or Quest, the self confessed Israel hater, go wash your filthy mouth out with soap and water. Your anti-semitism on other forums speak volumes of your true personality. Geert Wilders has been a very powerful supporter and friend to the Jewish people and a strong supporter of Gay rights, unlike many of you cowards who come onto forums and make your ignorant remarks because you have nothing of real value to add to your miserable lives. Geert Wilders should start suing people for slander after he is done with this case. By the way Q., aren't you just here on a residency permit? If so, why don't you go back to your country you have worn out your welcome here!
Q,
04-02-2009
-
Are the Dutch so eager to give free propaganda and votes to this paranoic fascist? Why bother prosecuting him when it is easier and way more civilised to point out the stupidities he says?
Either they really want him to get votes or they forgot what freedom of speach means or (and I think it is the one) they just forgot how to speak back...
Ryan,
04-02-2009
- USA
Sandra, we can only hope....
David Berridge,
04-02-2009
- Canada
Wilders will come out of this smelling like a rose all because his movie Fitna didn't produce the riots he wanted. This guy now has petition signatures, supporter's money for legal fees, etc., propably more votes in the next election, as well as more political power. Everyone else still has one million or so Muslims still in the Netherlands. Strange isn't it, that the Dutch for about 300 years didn't consider the Quaran a blueprint for Western destruction all the time they prospered by colonizing Indonesia?! Only now that Wilders has figured this one out all by himself is the issue going to movies and the courts. Every university in the Netherlands should be giving Wilders an honourary PhD, so why not then? Why are so many people going crazy for a guy with a hairstyle that makes him look like a 1950's science-fiction movie character?
