Dutch Supreme Court overturns convictions of eight climate activists

The Dutch Supreme Court has annulled the convictions of eight climate activists and sent their cases back to the Court of Appeal in The Hague. The activists had previously been found guilty of local disturbance and disrupting a parliamentary session, but no sentences were imposed, as the court determined that law enforcement had overstepped in limiting their right to demonstrate.

The cases involved a protest in the Tweede Kamer, the lower house of Dutch parliament, in 2019, a demonstration in the lobby of the Ministry of Economic Affairs and Climate Policy in 2020, and actions in ING offices in 2022. In all cases, it was established that the demonstrations were peaceful and limited in nature, with no damage or disruption caused.

The Supreme Court ruled that it was wrong for the activists to be convicted, even though no punishment was imposed. In its reasoning, the court cited decisions by the European Court of Human Rights (ECHR), stating that when a court finds that criminal enforcement “has gone too far as a whole,” a guilty verdict should be avoided.

Prosecution should then be dismissed entirely. In other words, the facts may be established, but under the circumstances, they do not constitute a criminal offense.

The activists were all detained, held for several hours at the police station, and subsequently prosecuted by the Public Prosecution Service (OM). The court of appeal ruled that this response was excessive and that any limitations on the right to demonstrate should be “kept to an absolute minimum.”