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Trial of Geert Wilders : ウィキペディア英語版
Trial of Geert Wilders
The trial of Geert Wilders, a member of the House of Representatives of the Netherlands, took place in the Netherlands in 2010 and 2011. Wilders was accused of criminally insulting religious and ethnic groups and inciting hatred and discrimination. He was found not guilty in June 2011.
The leader of the Party for Freedom, Wilders has been the source of great controversy in the Netherlands and abroad for his criticism of Islam and what he describes as the Islamization of the Netherlands. At his trial, he faced five counts of criminal offenses. The first charge was of criminally insulting Muslims because of their religion. The remaining four charges pertained to incitement of hatred and discrimination of Muslims, Moroccans, and other non-Western immigrants because of their race or ethnicity. These charges stemmed from articles Wilders had written between 2006 and 2008, as well as his short film ''Fitna''. These statements included a call for a ban on the Quran, warnings against an "Islamic invasion,"〔(【引用サイトリンク】title=Mohammed deel II: de islamitische invasie )〕 and a "tsunami of Islamization." He also labeled Islam a fascist religion, described Dutch-Moroccan youths as violent, and compared the Quran with Hitler's ''Mein Kampf''. He has also referred to Mohammed as "the devil."
The judges in the first trial were removed due to perceived bias against Wilders, so a retrial began in February 2011. The Dutch Public Prosecution Service, after initially refusing to prosecute Wilders because it did not consider his statements illegal, was ordered by a court of appeal to prosecute him nonetheless. During the process, they argued that Wilders should be acquitted on all counts.
On 23 June 2011, Wilders was acquitted of all charges, with Judge Marcel van Oosten noting that his statements, although "gross and denigrating," had not given rise to hatred against Muslims, and as such were "acceptable within the context of public debate." Van Oosten also said, however, that Wilders's statements were on the edge of legal acceptability.
==Background==
According to Article 71 of the Dutch Constitution, as an MP, Wilders has immunity with regard to anything he says in or writes to parliament.〔Constitution of the Kingdom of The Netherlands Article 71 (English translation; "States General" = Dutch parliament): ''"Article 71 Members of the States General, Ministers, State Secretaries and other persons taking part in deliberations may not be prosecuted or otherwise held liable in law for anything they say during the sittings of the States General or of its committees or for anything they submit to them in writing."''〕 However, this protection does not extend to opinions expressed outside of parliament, allowing for prosecution based on his criticism of Islam. The possibility that Wilders could be prosecuted became clear between 2007 and 2010, when protests against alleged insults and incitement to hatred resulted in his criminal prosecution by the district attorney in Amsterdam. On 3 February 2010, the Amsterdam court ruled itself to be competent on the charges against Wilders.
Some of his public comments, as well as some of the content of Wilders' film ''Fitna'', have been protested by agencies such as the Dutch anti-discrimination group ''Nederland Bekent Kleur'' ((オランダ語:The Netherlands Shows True Colours)).〔 On 15 August 2007, a representative of the public prosecution service in Amsterdam declared that dozens of reports filed against Wilders were being considered.
Attempts to prosecute Wilders under Dutch anti-hate speech laws in June 2008 were dropped, with the public prosecution stating that Wilders' comments contributed to the debate on Islam in Dutch society and had been made outside parliament. The office released a statement reading: "That comments are hurtful and offensive for a large number of Muslims does not mean that they are punishable. Freedom of expression fulfils an essential role in public debate in a democratic society. That means that offensive comments can be made in a political debate."〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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