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John Tyler's picture

Wilders: in power and on trial

Published on : 3 October 2010 - 8:00am | By John Tyler (photo: Flickr/roel1943)
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One week Geert Wilders is standing in the ornate Noen room in the Dutch Senate, the centre of political power, announcing his support for the next government... the next week, he's standing before a judge in an Amsterdam courtroom, defending himself in his on-going hate speech trial.

Crusader
In power and on trial. A unique situation in recent Dutch political history. What consequences will his trial have for public debate? Will Geert Wilders tone down his rhetoric?

Wilders feels he is on a mission. His closest advisor and party colleague, Martin Bosma, has even called it a crusade. Wilders himself put it this way at the end of the first day of his trial in January: "It is not only the right, but the duty of every free person to speak out against every ideology that imperils freedom."

The move from the opposition benches to a supporting role in government is not likely to change this sense of purpose. During the presentation of the new governing agreement, Wilders said: "We live in historic times, and we've come to a historic agreement... this accord will have far-reaching effects on the Netherlands."

Milder phase
In both the agreement presentation and his September 11 speech in New York, Wilders failed to reiterate some of his more controversial remarks about Islam. Some observers say a milder Geert Wilders may be emerging as he gets closer to power.

But that is unlikely to last, in part because of the trial.

Wilders says the case against him is politically motivated, that it is an attempt to silence him. While he admits to being concerned about the prospects of going to jail (he faces a maximum sentence of two years in prison), he is characteristically defiant. And he passionately defends his right to say what he wants. So, toning down his message would contradict everything else he says he stands for and would likely damage his credibility.

Three charges
Wilders is facing three charges: incitement to hatred, discrimination against Muslims, and insulting Moroccan immigrants. The charges are based on statements he made in public, articles he wrote and the film he produced: Fitna.

Wilders has described Islam as "evil", a "violent religion" and an "intolerant and fascist ideology". He has called for an outright ban on the Islamic holy book, the Qur'an, calling it the "Islamic Mein Kampf". He called the prophet Muhammad a "sick paedophile" who behaved "like a pig", and he called for a "headrag tax" on women who wear a Muslim headscarf.

He referred to Muslims in the Netherlands as "colonisers", adding that they are attempting to "transform the Netherlands into a province of the Islamic superstate, Eurabia."

Controversial
Wilders may be controversial, but so is the fact that charges have been brought against him. The public prosecutor's office in Amsterdam only filed charges against Wilders after a judge ordered it. Before that, the public prosecutor had repeatedly refused to bring charges, on the grounds that, as a public figure, Wilders should be allowed a great deal of leeway in expressing his views. His views make up part of the public debate.

Fundamental conflict
The decision not to charge Wilders was criticised by some, and the judge's order has been criticised by others. The trial itself splits Dutch society down the middle. Which is more important - freedom of speech or freedom of religion?

Wilders and his lawyer, Bram Moszkowicz, make two arguments: Wilders has not broken the law and, even if he had, the law is contrary to international norms of free speech.

A number of legal experts agree. Geert Jan Knoops is a professor of international criminal law at the University of Utrecht. He says: "You have to oppose Wilders in a public debate, not silence him in a courtroom. Whatever you think about his ideas."

No clear precedent
The outcome of the trial is difficult to predict. The precedents in Dutch law for incitement to hatred and discrimination are not clear. The one prominent case involved the far-right politician Hans Janmaat. In the 1990s he was convicted three times, in three different jurisdictions, for discrimination. But his most famous statement, that this country couldn't handle any more immigrants because "full is full", seemed relatively mild just a few years later.

Wilders cannot look to international law for solace, either. While, in the past, the trend was to grant politicians plenty of room to express their views, the European Court of Human Rights recently upheld restrictions on politicians' freedom of speech in cases involving incitement to hatred. (Jean-Marie Le Pen in France, Daniel Feret in Belgium and Mark Norwood in the UK.)

Stay alert
The trial is set to continue all month, with a verdict currently scheduled for 4 November. In the meantime, Geert Wilders will see many of his ideas implemented, as the government he has made possible takes office. Continuing in his previous strident tone could well upset his new political friends and the trial may make Wilders think again, at least temporarily. But in the long run it is hard to see him changing the style that brought him success.

(video produced by Marijke van den Berg)

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Discussion

David Berridge 4 October 2010 - 4:04pm / Canada

No matter the verdict of Geert's trial, he wins. So, therefore why the worry? To lose night after night of sleep, worrying over a witch hunt that doesn't exist, is at the very least, counterproductive to the state of one's health. The integrity and independence of the three branches of the Netherlands' government are still alive and well. The PVV and its supporters have to realize this. After all, Geert recognizes the court and is not involved in any litigation against the Dutch state for being falsely charged and tried. Protests against a legal and democratically practiced due process no matter the hour of night or day is ridiculously pointless, only confirming why it isn't happening. When Geert and the PVV achieve the power to dictate to the Dutch constituational freedoms and proceedures of government, can things change.

sandra v 4 October 2010 - 2:01pm / Nederland

I can not even sleep at night because of this stupid hateful trial against Mr. Wilders. We should all go protest against this trial night and day! This is a political witch hunt! As far as I am concerned, Geert Wilders is an international hero!

Anonymous 4 October 2010 - 1:49pm / UK

Has Radio Netherlands seen Team B II in the US!

They are saying that Islam is a totalitarian ideology. Of which the US needs to be protected from.

What is scary about this ~ is that Radio Netherlands lists Wilders' statement that says that the Koran calls for hatred and violence against others ~ AND IT DOES!! Sura 9:29 calls for Muslims to 'fight' non-Muslims even the 'people of the book' [Christians & Jews] until they find themselves subdued and pay Muslims the jizya tax ~ with willing submission. The Hindus are paying this tax now in Pakistan. And Turkey is thinking about reintroducing it!! Hmm.... Will it also be hateful to say you don't want to pay it? Or even that you want equal rights to a Muslim in the Islamic world?

He is essentially being put on trial for statements that are true. But because of the way they were made they are deemed offensive. This is Islamic law. And we need to back away from it.

Dr. Kolimau 2000 4 October 2010 - 1:13pm / Republic of South Celebs in the South Asia Great Archipelago...

Mockery Justice in the Kingdom of the Netherlands over free express of our brotherhood Dr. Geert Wilders de bravery and courageous PVV leader.

Justice in the Kingdom of the Netherlands does’t know well about the principles of veracity of the facts and fundamental guide lines of the democracy and freedom that are prescribed in the sacred Universal Declaration of Human Rights leaded by UNO and where the Kingdom of the Netherlands have been part and signed to abide the Universal Declaration of Human Rights with very honest and with very good manner without trickery's and immoral games.

In the Kingdom of the Netherlands Constitution in article 1. It is sounding very loudly that none in that country to be arbitrary detained, or blamed, or take as verdict to the court simplesly he or she acts in very lucid manner under the umbrella of real Democracy, Freedom and abide of very honest manner without dubious behavior the sacred principles of the Universal Declaration of Human Rights express their ideas and views against the extremists and fundamentalists of the Islam culture and religious in this new millennium against our human society’s fate and living as with dignity and right full existing in this world as real creatures of the our Unique Creator Almighty, Lord and God, Holy Trinity in this Universe.

As we are accompany in very intelligent manner in very closely the court in Amsterdam the capital of the Kingdom of the Netherlands towards the “free expression and views of our brotherhood Dr. Geert Wilders” as condemned by the Amsterdam’s court said not in very delight manner with false accusations against the political posture of the Guilders, it is to be considered by all international public opinion even from entire Netherlands that the so called justice in Amsterdam over free expression and views of our brotherhood Dr. Geert Wilders as the baseless merely with political motivation as the all Judges in Netherlands they are considering the paw of the criminality's or butcheries of Islam fundamentalist and extremists in the whole Christian and Jewish Lands, Culture and People “modus vivendum” as the real children of the Lord and God, our Unique Creator of Universe, our Almighty Lord and God, Holy Trinity.

Courts and Judges in particular in Netherlands and in the Worldwide in general they could to be collaborators of the genocide and hideous crimes committed by the extremist and fundamentalist Islam and they will be bribery with millions of millions of dollars as the dirty and bloodshed money for their happiness, but the worldwide people those in fact love real justice and in very delight manner abide with good faith the sacred principles of the Human Rights and Democracy and Freedom will be stand firmly and victorious with their real struggle for real justice in this injustice world where considered full by paranoids human beings that are in fact acting always unconsciously manner to obstruct the true, reason and the justice that everyone knows that without any bribery price neither gold or silver that they are received from their masters, the insane extremists Islam as the real culprits of the all horrible crimes committed against all human kind in this Universe will shake these honest and bravery people that they are stand firm in their conviction and determination…

Wake up all Netherlands People that are loving real peace, freedom, democracy and respect for Universal Declaration of Human Rights without frontiers.

Long life Geert Wilders and all his world-fellowships in the Reckless Amsterdam Court!

Long life to the PVV and all Guilders loyalties!

Long life Freedom and Democracy under the shadow and wisdom of the Universal Declaration of Human Rights.

Huseyin 4 October 2010 - 11:06am / Turkey

There are thousands of German and Holland people who have summer houses in Antalya. In Alanya town you can see so many boards written in Holland Language. In my hometown Mugla City including Bodrum, Fethiye, Marmaris towns there are 5 thousand English residents. They all enjoy the beautiful sun and sea during 12 months in the same opportunity with Turkish people. My neighbour is British for example. For me this is something VERY GOOD. We mutually learn a lot from eachother. There are so many Dutch Banks and companies here. They are all welcome.
I am a journalist and playwright. I have been to Utrecht for a theatre festival. Then some of my dutch friends have been to Istanbul and now they want to stay longer in Istanbul and create a theatre network between Netherlands and Istanbul. What an amazing idea and project! Of course such artistic and humanistic good things happens, as long as there are artist and philosophers. Becuase they are artist. They know why the art exist for and who the human-being is. So they are so different than Far-right Wilders. A german professor told me that we should accept the cumulatif identity. Thanks to technology today one man wake up at his home in Amsterdam, fly to a business meeting in Casablanca and enjoy the night in paris. So he is a cumulatif identitied person having three cultures. In the future we will be a more mixed human nation in the world. Today's countries will be tomorrow's cities of the world. I am not complaining to share my culture with others. May be the problems are occuring cause of property concept. I don't know. As a Turkish man, I wish to see a world where christians, Jews, Muslims, Atheist adn Agnostic people live together and Also religion is not a nation. Wilders doesn't know this.
All the peace!

David Berridge 4 October 2010 - 1:58am / Canada

Should the outcome of these proceedings turn out that Geert bcome a "guest" of Her Majesty's jails, who then would represent the PVV on the " outside world"? No doubt Geert could run and administrate the party from the "inside", but it still needs a visible face to present to the public. This could be a great career move for some subordiate! Nonetheless, Geert somehow will "beat the rap" and be back to doing his thing. Jail would only serve to make an inflatable martyr of Geert and the PVV, a large fine would suffice in this case.

cornell 3 October 2010 - 10:18pm / Canada

The world is watching and hoping that Geert's brave and forthright rationalism will prevail. Dutch judges, do not dare besmirch The Netherlands.

Hiram2 3 October 2010 - 10:31pm

Cornell, are you sure you are a Canadian? Most of them (except for one or two) wear "truth" blinders and lack the ability to think outside of the box. You are right about Wilder's brave and forthright rationalism!

Anonynes ENGEL 3 October 2010 - 12:23pm / Australia

You let them all in your country and these are the results,and now Geert Wilders has his head on the block if they can get hold of him.They don't even know that killing a person is murder ,or do they?.I agree with Geert Wilders,all out. because they can't live the same as DUTCH people,after all this is Nederland .At first we offended them having anything to do with Christian symbels and we did not were them for a long time like a cross around our neck.But someone has woken up at last and i hope he sucseeds.Go,go,go.Good on you Geert.ENGEL

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