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Netherlands: Article 140 "misused"

01 January 1998

Justice Minister Winnie Sorgdrager has admitted that the use of article 140 to summarily arrest demonstrators opposing the Amsterdam EU intergovernmental conference was "in retrospect" wrong. She admitted this during a debate concerning police behaviour during the weekend of the "Eurotop" (see Statewatch, vol 7 nos 3, 4 & 5).

Sorgdrager originally defended the position of the public prosecutor that the use of article 140 by the Amsterdam police was justified. Article 140 prohibits membership of a criminal organisation. The police used the article to justify the arrest of over 350 demonstrators during the weekend of the Eurotop. The police and mayor have claimed that the use of article 140 maintained public order during the weekend.

Sorgdrager has now decided that while the use of article 140 was not in and of itself wrong "the complications that have arisen when providing evidence during large-scale public order incidents suggest that it would be wise not to use the article in these sort of situations".

The Amsterdam Chief Officer of Justice (public prosecutor) Vrakking has however maintained that faced with a similar sort of event he would have no hesitation in following the same course of action.

NRC Handelsblad Weekeditie, 16.12.97.