There is a lot of arbitrariness at the Public Prosecution Service when enforcing highway blockades, says criminal lawyer Tjalling van der Goot. He represented dozens of clients in connection with such cases.
Highways have again been the scene of demonstrations in recent days. Tractor demonstrators stopped traffic in several places and activists from Extinction Rebellion (XR) blocked the A12 near The Hague.
Tjalling van der Goot looked with amazement at the enforcement on, among other things, the A7 near Drachten. There, part of the road from Groningen to Heerenveen was closed with about fifty tractors.
Taped up license plates, beer and fire
The license plates were taped up and while enjoying half a liter of beer, a hay bale was set on fire. So much for some violations of the law. Ultimately, about twenty fines were issued.
These all involved violations of the Traffic Rules and Traffic Regulations (RVV), according to the Northern Netherlands police. This concerns, for example, driving a tractor on the highway.
Circumstances
A few days earlier, a client of Van der Goot was convicted for stopping his truck on the A28 near Beilen in 2022. “He wanted to support the farmers and responded to a call to shut down the Netherlands at 3 p.m..” He was given a duty staff of 240 hours.
Whether prosecution is initiated or whether it remains a fine often depends on the circumstances. For example, a motorcyclist was killed in the traffic jam caused by the truck driver.
“There were two suspects: the man who hit the motorcyclist, but also my client,” says the criminal lawyer from the Anker & Anker office in Leeuwarden. The question was whether the truck driver could have foreseen that a fatal accident would follow his action.
“The judge referred to the blocking friezes case, in which the court said that stopping a car on a road is by definition a traffic hazard. That is a heavy fact. And then I don’t understand why people are prosecuted in some cases and not in others.”
Police capacity and arbitrariness
In addition to the RVV, the violations, such as on the A7 last week, include Article 5 of the Road Traffic Act:
‘Everyone is prohibited from behaving in such a way that causes or may cause danger on the road or that hinders or may hinder traffic on the road.’
If an accident actually follows, Article 6 comes into play. In short, this means that no accident may occur as a result of irresponsible driving behavior.
However, the most severe punishment can be given for violating Article 162 of the Criminal Code. Namely nine years for ‘anyone who deliberately blocks any land or waterway if this is likely to endanger the safety of traffic’.
Blocking friezes
The so-called blocking friezes who blocked the A7 near Joure in December 2017 were charged for the latter violation. Van der Goot defended them at the time. The court’s consideration was that the right to demonstrate of the action group Kick Out Zwarte Piet (KOZP) was obstructed.
“There is often a tension between the right to demonstrate on the one hand, for which as few obstacles as possible should be placed, and criminal law on the other. Minor criminal offenses might still be possible in the light of the right to demonstrate, but where is the line?
Grey area
According to Van der Goot, there is no way to raise the level when it comes to enforcing highway blockades. “I do receive calls from clients who were convicted in the blocking friezes case and wonder why there are no prosecutions for the climate demonstrations on the A12.”
He would have liked to give a clear answer to that. “It is up to the Public Prosecution Service to make a choice whether or not to prosecute, but there are restrictions. It is not allowed to act arbitrarily in this way, but it sometimes seems that way, because I cannot tell my clients whether or not they will be prosecuted.”
Shot at tractor
Van der Goot also defended the officer who shot at Jouke Hospes’ tractor in 2022. This case showed how difficult it is to enforce when tractors are involved in a demonstration. “If there is a threat, you cannot shoot a tire to stop the vehicle. The enforcement options are therefore very limited.”
Prosecution of officers can also have a dampening effect on enforcement. “That cannot be said specifically about this case, but I often speak to officers and you hear that when a colleague is prosecuted, a signal is sent to let someone walk next time.”
Muscle language
According to Van der Goot, more clarity about the enforcement method for highway blockades is not only better for the legal certainty of those who do or do not choose to demonstrate on the road, but also for the officer. “They can then better explain why enforcement is taking place.”
The fact that outgoing minister Dilan Yesilgöz indicated earlier this week that tougher action will be taken against highway blockades, among other things, does not convince Van der Goot that this will reduce arbitrariness.
“You have to be careful that it doesn’t become muscle language. For example, you see hundreds of people on the A12. It is practically not feasible to fine them all. It seems that everyone will soon be dealt with, but I fear that that expectation cannot be met.”