Halsema should not have forcibly moved climate protesters in buses
It concerns a demonstration in September 2020, when hundreds of Extinction Rebellion protesters blocked the Zuidas in protest against what they see as failing policies. When about 150 demonstrables to leave despite several received, order for ‘administrative designs’. Protesters were put on buses and held there for some time before being transported to the outskirts of the city.
the court rules that this is deprivation of liberty, which according to Article 5 of the European Convention on Human Rights (ECHR) is only allowed with a solid legal basis. In this case, there was none, the court said.
Glued and chained
The blockade was part of the ‘September Rebellion’, a series of actions between September 17 and 22. About 350 people showed up on September 18 for the blockade of the Zuidas. They counter cars with banners and banners, place benches and other items on the roadway. Some glued themselves to the street, others chained themselves to lampposts and to each other.
The details had not been published to the municipality in advance, because it is precisely the element of surprise that is important for such a ‘disruptive action’, the action group said in court. They admitted to having violated the council’s terms of reference, namely that they did not allow roads or buildings. Emergency and emergency services are also allowed through and emergency exits are kept clear.
emergency order
Halsema try to try the demonstration within a few minutes. The police ordered the protesters to leave, but they did not comply. Halsema issued an emergency order for fear of traffic problems and serious disorder. The protesters leave, otherwise they will be moved by the police with buses.
About 150 people standing together. They were put in buses and transported to a sports park in Noord. Most have been closed in the buses for about 1.5 hours. At least one protester said in court that he was not allowed to go to the toilet by the police.
Extinction Rebellion went to court afterwards. It now rules that Halsema had the right to use the demonstration with the help of an emergency order – her fears of serious disorder were well-founded – but that it went too far to forcibly put the demonstrators on buses. There was no solid legal basis for such a ‘deprivation of liberty’, the more so because the demonstrators could not have foreseen this, the court ruled. The action group’s appeal is therefore well-founded.
Clear boundary
Jesse Oberdorf of Extinction Rebellion including the ‘great’ that the judge draws a clear line. “Mayors throughout the Netherlands use removable masters to remove demonstrators. This announcement shows that they are going beyond their limits. Hopefully this sets a precedent for the future treatment of protesters.”
Lawyer Wil Eikelboom also hopes that the mayors will draw up less drastic plans. “It is good that the judge is now clearly limiting these practices.”
Mayor Halsema does not want to comment on the announcement when asked.
A case about the implementation of the ‘October rebellion’ in 2019 is coming to court.
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