CCPR/C/117/D/2124/2011
culture be based upon a Jewish-Christian-Muslim tradition. They pardon liars and
criminals”.
(iii) “They damn the interests of the Dutch citizen and they help transform the
Netherlands into Netherabia as a province of the Islamic super state Eurabia”.
(iv) “I get sick of Islam in the Netherlands: no more Muslim migrants any
more”.
(e)
A film entitled Fitna, on the issue of Islam and Muslims, was produced by
Mr. Wilders and is described in the following terms.
The film is described in the indictment. It combines images of the attack on
the twin towers in New York and Atocha railway station in Madrid with
images of ordinary Muslims walking on the streets, and shows apartment
buildings with satellite dishes. The suggestion appears to be that the more
Muslims and satellite dishes there are, the more terrorist attacks the
Netherlands will have to suffer. The images are accompanied by aggressive
music.
2.8
Mr. Rabbae arrived in the Netherlands in 1966 as a refugee and was a Member of
Parliament for the Green Party from 1994 to 2002. He chairs the national consultation body
of Moroccans in the Netherlands. He complained about Mr. Wilders’ statements to the
police. Before the court, he spoke about research data on intolerance and racism and the
position of Moroccans in Netherlands society.
2.9
A.B.S. is the daughter of Moroccan immigrants. She gave evidence before the court
and reported that in 2010, during the election campaign, while she was walking in the street
she was driven into by a young man riding his bike who was screaming “Wilders is right,
piss off from here!”
2.10 N.A. was born in the Netherlands. His mother is a national of the Netherlands and
his father a national of Morocco. She spoke before the first composition of the court on the
impact of Mr. Wilders’ language on those whom it concerns. As a result she received a
huge amount of aggressive and threatening e-mails, tweets and other hate messages and
decided not to testify before the second composition of the court. She restricted herself to
writing a letter to the court, in which she noted that the expressions used by Mr. Wilders,
such as “kopvoddentax” (tax for wearing a headscarf) and the comparison between the
Qur’an and Mein Kampf were replicated by those who sent her hate messages.
2.11 As Moroccans and Muslims, the authors feel personally and directly affected by
Mr. Wilders’ hate speech and suffer its effects in their daily lives. They have been either
personally attacked or threatened and humiliated through the Internet. They are also
affected by the State party’s failure to convict Mr. Wilders for hate speech and the signal
given to the public that his conduct is not criminal. That signal makes the authors anxious
about their future in the Netherlands.
The complaint
3.1
The authors claim that Mr. Wilders’ acquittal is contrary to article 20 (2) of the
Covenant and that the reasoning in the judgment contains, inter alia, the following
mistakes: (a) it treated the different utterances separately, instead of looking at their
cumulative effect. The offence of criminal incitement can only be judged by taking into
account the successive statements in their sequence and connection. The essence of the
crime of incitement needs an element of agitation; (b) it accentuated the artificial distinction
between criticism of Islam and humiliating Muslims. The connection between criticism of
Islam and labelling Muslims as undesirable people, as for example in his statement about
being sick of Islam in the Netherlands and wanting no more Muslim migrants, is common
in Wilder’s statements and makes it impossible to separate the two; (c) it rejected the counts
of incitement on grounds of race because ‘Moroccans and non-Western migrants’ are not
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