Condemnation Wilders would have nothing to contribute to social debate – Elsevier

As the PVV-leader Geert Wilders is condemned for his 'less is less'-Moroccans decision, we will then continuously with two kinds of Wilders: the Dutch Mp Wilders of the plenary session, and mr Wilders outside the Room, which is the other Wilders quotes. An absurd situation, writes Afshin Ellian.

The Public Prosecutor demands the condemnation of Mp and PVV-leader Wilders because of groepsbelediging, incitement to discrimination and hatred. The uitingsdelicten can be interpreted broadly.

When there is violence or incite to violence, or the physical discrimination, not paramount would uitingsdelicten a negative arbitrary function in public debate. After violence and physical discrimination begins a shadowy domain. In times of polarization is the tendency of the big to parliamentary disagreements through the criminal justice to settle a dispute.

it was also the legislator imbued. I will demonstrate this on the basis of Kamerhandelingen on the amendment and introduction of a number of uitingsdelicten: groepsbelediging and incitement to discrimination and or hate.

use Caution when crime groepsbelediging

In the Memorandum of Answer (judicial year 1969-1970) tried the legislator, in this case, the government, the concerns of Parliamentarians about groepsbelediging to take away. In doing so, a large number of Members of parliament to the crime groepsbelediging caution. The government agrees:

'there are several reasons for that. In the first place, penal provisions for the protection of groups of people, be written with a view to conflict situations in the society. The criminal now can only slightly contribute to the resolution of social tensions. Implementation may even lead to a sharpening of the conflict. In addition, the freedom of expression in the proceedings. Each unnecessary limitation is to reject it. In addition, it is important to note, that not all groups in society criminal protection. In any case, there is for that protection less occasion as the group less vulnerable, or about arguments.

you may Also need to take into account the extent to which possible attacks on the group, the society may interfere with the extent to which it can be expected that the society itself corrective action will respond. These considerations have the undersigned resulted in the criminal-law protection of groups against insult with a minimum to be sufficient. (…) That the currently proposed text, all doubt would continue to exist, the undersigned do not understand. In answer to the relevant question, they note, "the guest workers" under the scope of the proposed provision falls.'

So wanted to the legislature that the ORDER and the court in the application of the penal provision on groepsbelediging 'great caution' would exercise. The law imposes itself from what this care means:

1. This provision would in a race condition in the society to be applied. Therefore, the legislator is of the opinion that the criminal law under that circumstance, namely a race condition, in some small measure can contribute to the resolution of social tensions. Now we apply the will of the legislature on the less-less-case study: would the punishment of Wilders only contribute to the resolution of social tensions? This question has TO be asked, and therefore not treated. Now it is up to the judge to ask this question and to answer. I would dare to claim that a condemnation to an unnecessary escalation of societal tension can lead. See the legitimate political and social debate around immigration, integration, the admission and expulsion of aliens and denaturalistatie of Dutch people with dual nationality.

We will continuously with two kinds of Wilders as he is sentenced: a Member of parliament Wilders of the plenary session, and mr Wilders outside the Room, which is the other Wilders quotes.

2. not all groups would, according to the legislature’s criminal justice must be protected against groepsbelediging. Have Moroccan Dutchmen serious need for a criminal to be protected from the political debate on integration and immigration? Are Dutch Moroccans to a vulnerable group? They do not have means of defence? These are questions – is distilled from the will of the legislature itself -that the courts should answer. The chairman of the Second Chamber is a Dutch Moroccan, the mayor of Rotterdam is a Dutch Moroccan, and in all major political parties, within and outside the representative organs are Dutch Moroccans. Also in the media, they are clearly present. Can they still not defend himself against the less-and-less statement of Wilders? Actually, they are as a minority group over-represented in the public debate. They are adult Dutch citizens and they are certainly not voiceless, sad groups in the world. There is already a Moroccan state, which also still stands up for its nationals in Europe.

3. finally, the legislature, the extent to which the attacks on a section of the population can be corrected. Most of the opinion makers, (including the undersigned) and politicians have the less-and-less statement, criticized, and sometimes also as an immoral decision referred to. Also within the PVV came to a crisis. There were prominent representatives which, therefore, the PVV have left. The less-less-ruling resulted in all political parties, the PVV have excluded. Prime minister mark Rutte and the party has conditionally excluded.

guest Workers out of the reach of punishment

The legislature made an exception for guest workers: who fell outside of the scope of the penal provision. As if the legislator knew, that just about ever a large public debate would be conducted. Would the condemnation of Wilders only contribute to the resolution of social tensions?

No, as soon as he is convicted, would he and the members of his group their speeches in the Room can end with this question: do you Want less or more Moroccans? Parliamentary immunity ensures that they cannot be prosecuted. Then, Geert Wilders outside the plenary session of the lower house the speech of Member of parliament Wilders (held during the plenary session) quote about the less-less case. Also this is not a criminal offence. Otherwise, all the media who report on the Kamerdebatten also a criminal offence.

We will continuously with two kinds of Wilders: the Dutch Mp Wilders of the plenary session, and mr Wilders outside the Room, which is the other Wilders quotes. An absurd situation!