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Amnesty International Report Reveals Unlawful Surveillance of Peaceful Protesters in the Netherlands
The right to protest is an essential aspect of a democratic society, and it is a fundamental human right. However, in the Netherlands, the right to privacy and freedom of peaceful assembly is under threat due to the unlawful surveillance of peaceful protesters. According to a report published by Amnesty International Netherlands, the police in the Netherlands are violating the right to privacy of peaceful protesters. Furthermore, their actions are having a chilling effect on the right to protest, which undermines the principles of a democratic society.
Unchecked Power: ID Checks and Collection of Data from Peaceful Protesters
The report, titled “Unchecked Power: ID checks and collection of data from peaceful protesters in the Netherlands,” finds that police supervision and control of surveillance methods fall short of both national laws and international human rights standards. The report reveals a widespread pattern of intimidatory police action against peaceful protesters. The police have a broad discretion to decide who to stop and check during protests, and ID checks are regularly used to collect data of peaceful protesters.
The Chilling Effect on the Right to Freedom of Peaceful Assembly
The report finds that by regularly demanding that peaceful protesters produce their ID cards, police are not only violating the right to privacy but also creating a significant chilling effect on the right to freedom of peaceful assembly. According to Dagmar Oudshoorn, Director of Amnesty International Netherlands, the broad discretion police officers have to decide who to stop and check during protests have created a grave risk of arbitrariness and discriminatory use of power, including ethnic profiling, which puts people off coming onto the streets.
Police Discretionary Powers vs. National Laws and International Human Rights Standards
Moreover, the police have discretionary powers that are overly broad and vague, which create a striking lack of supervision of the police surveillance methods. The report identifies a number of methods deployed by the police to identify and monitor protesters, ranging from illegal ID checks, social media monitoring, use of drones at protests, infiltration of group apps, and unannounced home visits. Once checked, every ID is registered in a police database for at least five years in breach of the right to privacy.
The Impact on Over-Policed Groups
As a result of these current practices, certain groups are more impacted by police stops than others; these groups are over-policed and have cause to fear discriminatory and otherwise unlawful police interventions. The report finds that the police are failing to adhere to the 2003 Compulsory Identification Act, which makes clear that ID checks are only permitted where reasonably necessary for the performance of the police officer’s job. Current police practices reportedly go directly against what is desirable or permissible under this legislation.
Editorial and Advice
The report by Amnesty International Netherlands raises significant concerns about the violation of fundamental human rights by the police in the Netherlands. The right to protest is a cornerstone of a democratic society. The police, instead of secretly monitoring peaceful protesters, should focus on facilitating assemblies. The authorities must take action to end the unlawful monitoring of peaceful protesters. ID checks should only be carried out if there is a reasonable suspicion of a serious criminal offense. The Dutch government must ensure that police officers in the Netherlands adhere to national laws and international human rights standards. The government must ensure that everybody has the right to peaceful protest without fear of being discriminated against or having their privacy violated. Finally, this report is part of Amnesty International’s Protect the Protest campaign, which challenges attacks on peaceful protest, acts in solidarity with those targeted, and supports the causes of social movements pushing for human rights change.
<< photo by Polina Tankilevitch >>
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