CCPR/C/117/D/2124/2011
presented the factual and legal issues in the case, and that the court was independently
responsible for evaluating the law and evidence and entered judgment after a careful
assessment in the light of the applicable law of each of Mr. Wilders’ statements in context.
10.7 The State party has chosen to establish a legislative framework through which
statements contemplated by article 20 (2) of the Covenant are prohibited under criminal
law, and which allows victims to trigger, and participate in, a prosecution. Such a
prosecution was pursued in the present case, and the trial court issued a detailed judgment
evaluating Mr. Wilders’ statements in the light of the applicable law. The Committee
therefore considers, in the light of the arguments and the circumstances of the case, that the
State party has taken the necessary and proportionate measures to “prohibit” statements
made in violation of article 20 (2) and to guarantee the right of the authors to an effective
remedy in order to protect them against the consequences of such statements. The
obligation under article 20 (2), however, does not extend to an obligation for the State party
to ensure that a person who is charged with incitment to discrimination, hostility or
violence will invariably be convicted by an independent and impartial court of law.27 The
Committee therefore cannot conclude that the State party violated article 2 (3), read in
conjunction with articles 26 and 20 (2) of the Covenant.
11.
The Committee, acting under article 5 (4), of the Optional Protocol, is of the view
that the facts before it do not reveal a breach of any provision of the Covenant.
27
18
See Vassilari v. Greece, para. 7.2.