The letter from Femke Halsema, Mayor of Amsterdam:
Dear Mrs. Ottenhof,
You have announced your intention to hold a demonstration in Amsterdam on Sunday, December 29, with 1,500 participants. You start at 11:30 am on Dam Square with more than seven speakers. At 1:30 PM you will leave for Museumplein where you will end the demonstration at 3:00 PM. In addition to the notification, you have applied for an exemption for five vehicles. As far as I know, this exemption has not yet been granted to you. As far as we know, you have not applied for or obtained an object permit.
In addition, you have announced online that David Icke will speak (via video) on Dam Square during your demonstration. This announcement has led to shocked and concerned reactions in society, and in particular in the Jewish community. Mr Icke is known for spreading anti-Semitic ideas and there were previously concrete indications that his arrival poses a threat to public order. For this reason, the State Secretary for Justice and Security has denied Icke access to the Netherlands and all countries in the Schengen area. The State Secretary could rely on a report from the police and two reports from the National Coordinator for Counterterrorism and Security (NCTV). According to the NCTV, the theories used by Icke lead to dehumanization of opponents, extremism and violence and thus to a threat to public order.
Your organization has already demonstrated several times in Amsterdam, with several hundred demonstrators present each time. This time you expect 1500 participants. In response to the announcement that Mr Icke will give an online speech, the police are taking into account counter reactions that are not reported and can arise spontaneously. Given the unrest and protests caused by his anti-Semitic ideas and the statements he has made in the past, it is expected that his online presence will also provoke (spontaneous) opposition this time. Given the crowds in the city this Christmas holiday, this could lead to (physical) confrontations and uncontrollable situations during your demonstration. The police therefore take great account of the fact that disorder can arise and that action must be taken to prevent or end it. The police indicate that police action in such a situation entails additional risks.
The decision to deny Icke access to the Schengen area has now been tested in court and recently extended by the minister. By giving Icke an online platform on Dam Square, you undermine the minister’s decision and the Amsterdam triangle does not wish to facilitate that. Moreover, the public competent authority cannot act effectively if Icke makes criminal statements. After all, in such a situation he cannot immediately be arrested and prosecuted within the Dutch legal order. This may mean that you can not only undermine the minister’s decision and a court ruling, but that the Dutch rule of law cannot immediately intervene in the event of possible criminal offenses during your demonstration.
The police are in contact with you about your responsibility as an organizer of a large demonstration, and the possibilities of Amsterdam as a city to facilitate freedom of expression. In response to the concerns of the triangle, you have stated that you will stick to your intention to have Mr Icke speak online on Dam Square. In consultation with the Public Prosecution Service and the Chief of Police, I have decided that you may not use facilities for online speakers during your entire demonstration. I do this on the basis of the Public Manifestations Act and the fear of disorder motivated above.
I specifically attach the following regulations to your demonstration to prevent disorder. I do this on the basis of the Public Manifestations Act. ● In accordance with your notice, you may demonstrate on Sunday, December 29 from 11 a.m. to 3 p.m. in Amsterdam. You will meet at Dam Square at 11am.
● Physically present speakers may use sound amplification.
● You may not use facilities intended to allow online speakers (with entry bans) to speak publicly. This means that an LED screen is not permitted during your demonstration and sound amplification is only permitted for physical purposes speakers present.
● After the speakers, you will start the police-coordinated route through the city no later than 1:30 PM on Museumplein.
● Your demonstration will end no later than 3 p.m., after which the participants will participate in your demonstration to break up;
● You ensure that no deviation is made from the route while walking the route the demonstration keeps moving and prevents groups of participants from splitting off manifestation;
● You are responsible for organizing a law enforcement service that ensures that the participants in your demonstration fully comply with the agreements made;
● Afterwards, leave the demonstration location clean and empty.
In addition, if necessary, pursuant to Article 6 of the Wom, I can give instructions during your demonstration that must be observed without delay. Partly with a view to protecting your demonstration, it is important that instructions given by me through the police are immediately followed and that this regulation is observed.
Amsterdam stands for the fundamental right of freedom of expression and the right to demonstrate. I will protect your demonstration, as well as any opposing views. However, your right to make your voice heard also comes with responsibilities. The right to demonstrate may not be abused to commit criminal offenses and/or to disrupt public order. I would like to point out that the Amsterdam triangle does not tolerate physical confrontation or criminal expressions. It is important that police instructions are followed immediately. I emphasize that failure to comply with a regulation or instruction is a punishable offense and is also a basis for terminating your demonstration. I therefore expect that you will do everything in your power to ensure that the demonstration runs in an orderly manner and that you inform all your participants of any set limits.
Yours faithfully, Femke Halsema, Mayor of Amsterdam
