Amsterdam football violence: first suspects in court
Senay BoztasThe first three suspects to stand court accused of violence around last month’s Maccabi Tel Aviv-Ajax football match were men with three different ethnic origins – Dutch, Kurdish and Palestinian.
The hearings took place on Wednesday, in Amsterdam’s district court, where two rooms were available for the ranks of national and international press. Two separate lawyers, representing 60 victims, were present to demand damages – although this is not part of the current cases.
The hearings took place in the long shadow of violence on the night of November 7 that travelled the world, raised spectres of European anti-Semitism and almost toppled the Dutch government through disputes about integration and racism.
Geert Wilders, the PVV leader who has a criminal record for insulting Dutch Moroccans, was there – in name – too. His interventions could compromise all of the defendants’ rights to a fair trial, according to Christian Visser, defence lawyer for Sefa Ö, a 32-year-old Amsterdammer of Turkish-Kurdish origin, accused of public violence.
“There are aspects of this case that are extraordinary,” said Visser. “The question was debated in parliament on November 13 – when you might say that Montesquieu [the philosopher who came up with the idea of separating the justice system from government] was on holiday. Due to the statements of members of parliament, you could say that the presumption of innocence has been removed.
“Geert Wilders said they have to be pursued, have as strong a sentence as possible, if they have a double nationality, we should take away their passports and kick them out of the country as quickly as possible.”
In addition, he said that Wilders’ critical social media commentary after René de Beukelaer, chief public prosecutor, said a terror motive had been dismissed for all suspects, also affected the right to be presumed innocent until proved guilty. “This is a reason to moderate sentences,” he said.
No terror or anti-Semitism
In the first three cases – for throwing stones at police, violence including tripping someone so they hit a tram, and hitting and filming Maccabi supporters – the public prosecution found that there was no terror motive, no organised violence and no anti-Semitic motive.
“The public prosecution sees its holy duty as a pillar of the law and order system only to draw conclusions after a thorough investigation of the facts,” said one of the public prosecutors. “What is leading is not what is called for in parliament or outside it: it is the facts…With this case it is clear that there was huge social outrage and disquiet, and this is the factor we take into account, not the summary of one politician or another.”
However, the prosecution repeated the words of Amsterdam mayor Femke Halsema observing a “poisonous cocktail of football hooliganism and anger about the war in Israel” that night, with calls in chat groups for violence against Jewish people that were discriminatory and illegal.
Repeatedly, the public prosecutors, talked about “vengeance for the situation in Gaza caused by the Israeli army” or “the actions of Israel in Gaza” as a motivation for the violence around the football match.
In the first case, Lucas D, 19, from Monnickendam, was charged with public violence, inciting violence and possession of illegal fireworks. He denied throwing stones at police or setting off fireworks – although he admitted that he was a person pictured with a “clump of clay” in his hand. “Maybe I should have gone home directly after the match and not hung around,” he said.
His lawyer, Fatih Sakrak, said that his client did not match the description of an undercover agent who photographed him, suspecting he was a man he had previously seen throwing stones at a police van.
“NN1 [this suspect number] was described as having an Arabic appearance, and standing 1m 80 tall,” he said. “The client clearly has no Arabic appearance, he’s [dark] blond with blue eyes and he is 10cm taller.”
The young Dutchman was arrested at Centraal Station late after the match with a firework in his possession and claimed to have been going home. Prosecutors found evidence of his contribution to group chats talking about bringing face-covering clothing and fireworks to Amsterdam. “He has no hatred of Israel,” said Sakrak. “He isn’t interested in the conflict in the Middle East: he has no opinion about it.”
However, the public prosecutor said that he actively contributed to chat groups and a demonstration in which antisemitic statements were rife. “Words like ‘cancerous Jews’ and ‘cancerous Zionists’ were used as if they were the most normal things in the world,” the court heard. The prosecution demanded a six month jail sentence, with three months suspended and deducting his 11 days in pre-trial arrest.
Anger about Gaza
Sefa Ö, the second man to appear, was charged with four violent incidents and a key role in another, shown in a series of videos in court. The man, a part-time hairdresser with a family and expectant wife, is being treated for bi-polar disorder, which his lawyer said led to heightened emotional response.
The man did not give a reason for his involvement in the violence against Maccabi Tel Aviv supporters but said it was “a shame”. He came forward after he was pictured on a television crime show The public prosecutor believed he was “influenced by anger about the situation in Gaza and not through an anti-Semitic sentiment” and called for a two-year prison sentence, with six months suspended.
“This senseless violence deserves strong condemnation,” said the prosecution. “It is about serious deeds that sow angst… He decided not to stop at one [victim] and even if a victim was on the ground, he went on with hitting and kicking. It was random, excessive and senseless violence.”
Raid by 12 police
A third case involved Syrian refugee of Palestinian origin, Mohammed B, 26, from Amsterdam, who was charged with public violence on the Spui that he filmed and spread via a viral social media clip.
However, his solicitor, Krit Zeegers, said that there was a fight with violence from both sides including Maccabi Tel Aviv fans and asked for open access to all video images. Zeegers said that although police had spoken to his client on the night, the Israeli parties decided to not to press charges, and he was released – before being arrested by 12 police knocking down the door at his parents’ home the next day.
“I admit that if nothing had happened that night after the incident on the Spui, and that there was no film titled ‘look how three brothers chase away six Zionists’ maybe not much would have happened,” said a public prosecutor.
Mohammed B said that he was “angry that the prosecution has treated me like a terrorist… My mother is scared every time someone comes in.”
His case was postponed and the other two judgments will be given on December 24. The court will handle seven cases this week related to the violence.
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