Court of appeal acquits far-right MP Gideon van Meijeren of incitement

The Court of Appeal in The Hague has acquitted Gideon van Meijeren, a Forum voor Democratie MP, of incitement. The lower court had previously imposed a 200-hour community service sentence, following the Public Prosecution Service’s recommendation.

Van Meijeren had taken his case to a higher court, facing allegations of incitement in two separate instances where he reportedly urged people to rebel against the government.The first incident took place on July 2, 2022, at a farm in Tuil, Gelderland, during a speech he delivered. The second concerns remarks he made in an interview, which appeared on November 13, 2022, on the platform Compleetdenkers.

The court ruled that Van Meijeren “pushed the boundaries of criminal law without overstepping them” during his remarks in Tuil. Van Meijeren’s speech came amid widespread farmers’ protests against the nitrogen policy. The court noted that he repeatedly emphasized that any protest or resistance should remain peaceful and nonviolent, calling this the most effective approach. The court added that the MP did not provide concrete details regarding the violence he referenced.

Regarding the interview, the MP “did not explicitly incite or encourage illegal actions,” the judges noted. “He describes a type of resistance that, in his view, should remain peaceful, which is an important part of his argument.”

Van Meijeren claimed the case was a “political trial” and stressed that criminal law should not be used to limit public debate. He also cautioned that a conviction could provide the government with grounds to outlaw the Forum voor Democratie (FVD) party.

The Netherlands is currently developing the Political Parties Act (Wpp), which would allow parties that threaten the democratic rule of law to be banned. A conviction for incitement could have provided evidence in a future case against a party, but the court’s acquittal temporarily removes that legal foundation.

The Public Prosecution Service can still take the case to the Supreme Court. Initially, it had recommended 200 hours of community service, claiming that Van Meijeren’s statements threatened the democratic legal order.