Dutch prosecutor again apologizes for reprimanding wrong activists for Schiphol protest

A follow-up investigation into the identification of climate activists at a demonstration at Schiphol Airport on 5 November 2022 showed that the Public Prosecution Service (OM) sent warning letters to at least nine activists who weren’t actually at the protest. “We regret that in a large number of cases, the identification was carried out carelessly and that we did not properly inform the people involved,” Chief Public Prosecutor Digna van Boetzelaer said on Friday.

The follow-up investigation into the identification process conducted by the Koninklijke Marechaussee (KMar) showed that 90 people were properly and correctly identified. For another 64, the authorities were unable to confirm their identities without a doubt. And in nine cases, they confirmed the activists in question weren’t at the protest.

The OM and KMar will delete the data of incorrectly identified demonstrators or those whose identity couldn’t be confirmed with certainty from their systems. The OM will inform those involved personally.

“Identifying large groups of people without proof of identity has proven to be complex and time-consuming,” Van Boetzelaer said. “We have learned that it is possible to determine someone’s identity after the fact but that the investigating officer must clearly record how such recognition is achieved, even when it is very hectic.”

The OM also learned from the warning letter sent to demonstrators. “We should have explained more clearly that the letter had no legal status. The letter could also have been less emphatic, and we should have included a response option,” Van Boetzelaar said.

The OM said that it and the KMar “attach great importance to the quality of investigations” and that all Netherlands residents must be able to rely on that fact. “For this reason, the working method surrounding large-scale arrests has been evaluated and adapted for future situations,” the OM said.

The OM also said it dropped the cases against four suspects it previously wanted to prosecute for trespassing at Schiphol. “Although there is no doubt about the correctness of their identification and the provability of the fact, the time elapsed until the hearing plays a role, in combination with the limited capacity of the judiciary and the expected punishment,” the OM said.