Countries around us have already done that. “Organizers of a demonstration that blocked a road in England have been given prison sentences of 4 and 5 years,” says Jan Brouwer, emeritus professor of Law and Society. “That doesn’t lie, does it?”
Mild judges
But even if parliament adopts laws for stricter punishments, it is still up to the courts to impose them. And they don’t want to do that yet, as recent statements show.
Brouwer: “That judge is not inclined to punish roadblocks harshly. The A12 demonstrators have been before the criminal court, but they are more or less free. Because he reasons: your freedom has already been taken away for a few hours when you left the highway had to be transported.” The three hours required for this were enough custody for the demonstrators, the judge said.
Yet Brouwer thinks that judges will eventually punish rowdy demonstrators more severely, although for the time being they weigh the freedom to demonstrate more heavily than sanctions for misconduct. “I think, given the discussion that has taken place recently, that criminal judges will determine their attitude towards abusing the freedom to demonstrate somewhat differently.”