http://www.spiegel.de/international/europe/0,1518,602694,00.html
An Amsterdam court ruled on Wednesday that
populist Dutch politician Geert Wilders, an outspoken critic of
Islam and maker of the anti-Muslim film "Fitna," should be
prosecuted for hate speech.
Last year, a Dutch public prosecutor decided not to
take legal action against politician Geert Wilders for his
anti-Islamic statements, which included calling the Koran a
"fascist" book and comparing it to Hilter's "Mein Kampf." Wilders,
a member of parliament with the populist Freedom Party (PVV), made
headlines around the world in March 2008 with his film "Fitna,"
which juxtaposed verses from the Koran against a background of
violent film clips and images of terrorism by Islamic radicals.
Dozens of organizations and individuals in the Netherlands
wanted to bring charges against the politician, but the prosecutor
decided that while painful to Muslims, his remarks were not
criminal.
On Wednesday, Amsterdam's Court of Appeal disagreed and found that there was a case of
inciting hatred to answer for, both because of the content of
Wilders' remarks and the way in which it was presented. The judges
said they had weighed Wilders' anti-Islam rhetoric against his
right to free speech and ruled he had gone beyond even the normal
leeway granted to politicians.
The court ruled that Wilders had personally insulted Muslim
believers by attacking the symbols of Islam. The court found many
of Wilders' comments to be offensive because they "harm Muslims in
their religious esteem." The judges also described "Fitna" as being
characterized by "biased, strongly generalizing phrasings with a
radical meaning, ongoing reiteration and an increasing intensity as
a result of which hate is created."
The court ruled that it is in the public interest to prosecute
Wilders because, in a democratic legal system, a clear line must be
drawn between hate speech and public debate.
Wilders said he was shaken by the court's decision. "I did not
expect this, particularly as the prosecutor himself did not want to
bring charges," he said. Wilders called the decision "an attack on
freedom of speech."
"This is a black day for everyone who has voted for me and for
everyone who thinks you are allowed to criticize Islam," he said.
"In this country, you are apparently allowed to criticize only if
you are politically correct in how you express yourself."
Wilders believes he will be acquitted of the charges if he is
put on trial. "This will only lead to long legal procedures," he
said. "And it will cost a lot of money, which I do not have."
Gerard Spong, a prominent lawyer who joined Islamic groups in
pushing for Wilders' prosecution, welcomed the decision. "This is a
happy day for all followers of Islam who do not want to be tossed
onto the garbage heap of Nazism," Spong told reporters in
Amsterdam.