Is Geert Wilders guilty of incitement?
In the media
Geert Wilders is fiercely opposing asylum seekers' centres during his election campaign. Marloes van Noorloos, Professor of Criminal Law and Criminal Procedure, commented in the ‘Reformatorisch Dagblad’ on whether he is guilty of incitement: 'Wilders’ statements do not explicitly refer to violence.'
‘This evening, the municipal executive must refuse to approve an asylum seekers’ centre (azc). And if they do approve it, as far as I’m concerned the times that we accepted this are over’. These words were spoken by Geert Wilders during his election campaign in the Dutch city of Zwolle. Peter Snijders, the mayor of Zwolle, called Wilders’ tone inciting and spoke out against it in Dutch newspaper De Telegraaf. Can the PVV party leader’s actions be regarded as incitement?
Article 131 of the Dutch Criminal Code says that incitement occurs when a person publicly incites others to commit criminal offences or acts of violence against a public authority. According to Van Noorloos, this is difficult to determine in this case, as it is unclear what Wilders means exactly when he says the municipality’s decision should not be 'accepted'. It would be different if his statements were made in a more violent context. As an example, the professor refers to what happened in Coevorden, when residents managed to prevent the arrival of an asylum seekers' centre by committing arson. ‘The background to that case would possibly offer an opening, but Wilders' statements do not explicitly refer to violence.’
More information?
Read the full article in the Reformatorisch Dagblad (€, in Dutch)