‘CREATING FEAR IS GOAL OF TERROR TRIAL’

In the anti-terror, so-called ‘Hofstad group’ trial, the lawyers made their plea. They call the charges of the Dutch public prosecutor an attack on the freedom of speech, religion and gathering of information. Most of the plea’s had an inescapable political undertone. According to the lawyers ‘a lot is at stake in this process.’

‘In the year 2006 religion is standing trial in court’, says one of the lawyers. According to the public prosecutor, the radical Islamic idea’s of the suspects – now on trial for participation in a terrorist organisation – leads inevitably to violence. The lawyer calls the charge an attack against the right of freedom of speech, gathering of information and of religion.

All the lawyers state that the Dutch are exaggerating their fight against terror. One of the lawyers: ‘There is a comparison with the anti-communist ‘McCarty’ period in the USA and the ‘Berufsverbot’ in Germany. The question is: are we at the lowest point of the downward spiral? A xenophobia is created that has no equal.’

Another lawyer even ended his plea’s with a personal message: ‘I cannot stand the actual climate in this country anymore. If Dutch youngster want to sicken themselves with violent video games, violence and pornography on internet and disgusting films, it all belongs to modernity. But if the suspects in this case have private discussions about their religion and watch things on the internet, than they are terrorists and have to be jailed.’

Also other lawyers said that the Dutch state is applying double standards. ‘If politicians are celebrating the ‘illegal’ invasion of Iraq, nobody is open to doubt. But if youngsters approve the violence against the American troops in Iraq, than it is suddenly urging to hate. It is allowed to make war, but only in our way. Than you really miss the story of the youngsters in disadvantaged areas.’

The solicitors did not stop to in their political argumentation: Wasn’t it the President of the United States George W. Bush, who stated that he invaded Iraq and Afghanistan under the authority of God.’ The lawyer of the murder of movie maker Theo van Gogh: ‘The independent judge is pressured by politics, the public opinion and by the Public Prosecutor. It is important that you (the Judge) are not going along in the hysteria of the moment. You are our assurance that we do not slide down even further.’

The lawyers argue that it is fear that is the driving force in the Dutch terror trial. ‘The eagerness wherewith some politicians are frightening the public after every incident that has to do with the fight against terrorism, gives cause to the presumption that it's in their own interest. ‘Big Brother’ gets justification’. Also the Dutch minister of justice Donner was quoted. The Minister stated earlier that the democratic rule of law can be affected ‘when the respect for freedom, rights and dignity are made subservient to the fight against radicalisation.’

Also the plan to take away the right to vote from the accused was seriously criticised: ‘With that measure the Dutch state creates second-class civilians. That does not benefit the state at all. If we want to prevent that a person radicalises (…), that person needs to be involved in the social debate.’

At the end of the Hofstad group terror trial the suspects had the right to say something. Some of the suspects used the opportunity to say something about the trial. In one way their message was unanimous: they are not a terrorist organisation. Some quotes:

Mohammed el M.:‘I live in a free country. I listen to what I want. I believe what I want. I say what I want (…). Sadly enough I fell into a trap, (…) because due to my freedom.

Jason W.: If God and his messenger decree that homosexuality should be punished by death, regardless what other think about it, than this is the truth. Islam is submission. What we discuss – our faith, the sharia - is a theological discussion. But here it is the same as making plans for criminal offences. If I will be in the mosque later on, and I talk about my religion, I am forming a terrorist organisation than? (…) This was the media spectacle of the year. That can never be beneficial to the independence of the court. (…). The judges need to be watchful. (…) The public prosecutor has made a thorough search for a ‘monkey's sandwich’. Can somebody tell him that it is non-existing!’

According to the Dutch police an equivalent of 1,5 billion paperbacks of 300 pages were confiscated. Most of the material was downloaded form internet by the members of the so-called ‘Hofstad group’. After earlier terrorism trials, the confiscated material was returned, since radical idea’s by itself are not liable to punishment. But in the Hofstad trial the public prosecutors demand that the documents will be confiscated permanently, although the information is quite easy to find on internet. A signal needs to be made to make clear that this body of thought is dangerous and that ‘it leads inevitably to violence. After the final verdict it will also be clear what will happen with the 1500 million pages of virtual paperbacks.

The judges will give their final verdict on the 10 th of March. more features

February 14, 2006