"MUMIA 4" COURTCASE IN THE HAGUE
On Friday 30 November, 4 Mumia supporters went to court. They were the four remaining members of the "Mumia 6" who had been arrested during a "Free Mumia" demonstration at the American embassy in The Hague on September 2, 2000 (see link, above). Two of the others arrested at that time had gone to court earlier this year and were successful, being acquitted on most charges and given no sentence for one other.
However Friday's hearing before a different judge had a very different outcome! In this case, four demonstrators were accused of "public violence." Their case had previously been heard a year ago, but at that time the police claimed that the videotape they produced was "missing." The judge ordered the police to find the "incriminating" videotape and it was finally viewed by the defense. Although the videotape did not show most of the defendants doing anything at all, the accusing policeman still claimed that he witnessed them engaging in violence "off camera."
The judge on Friday faced a number of strong defense arguments but dismissed them summarily, and improperly. He rejected our motion to dismiss the case due to the unjust behavior of the police, because he claimed that the police violence was not out of proportion! As an example, he pointed to the fact that MSK was arrested because of "public violence." He was mistaken, however, because "violence" was not even a justification given at the time of MSK's arrest!
The prosecutor requested a conviction and penalty of 1200 guilders (about $500) for 3 of the defendants and 700 guilders for JO. Two were given an additional one week suspended jail sentence (but which could be reinstated following another arrest) due to their arrest history. When MSK pointed out that the charges from all of his previous arrests had been dropped or led to acquittals, the prosecutor stated that those arrests proved that he was "rebellious," regardless! That argument is legally improper and itself creates a basis for appeal. It illustrates the political nature of the hearing and the shoddy treatment given to our rights.
The judge portrayed throwing eggs and tomatoes against a building as "violence," a legally incorrect determination subject to appeal. On that basis he found NN guilty and imposed a 200 guilder fine. He conceded that there was no evidence of the other defendants having thrown food. Nevertheless, he found them guilty of "public violence" for not having disassociated themselves from a demonstration after becoming aware of "violence" by others! MSK pointed out to the judge that the minister, during discussion of the bill, had explicitly stated that such a disassociation could not be expected, and failing to disassociated oneself from a "violent" demonstration could not be seen as an offense! The judge went on to fine MSK and RD each 200, and JO 100 guilders. He additionally sentenced MSK with one week suspended (conditional) jail time due to his history of "rebelliousness," as demanded by the prosecutor!
In the end, we intend to appeal these very unfair and improper rulings. MSK, RD, and JO have a straight-forward appeal based on the incorrect interpretation of law used in convicting them. NN will appeal based on the current (but somewhat controversial and unclear) definition of "violence" being inapplicable to cases involving only objects (rather than people) and which sustained no permanent damage.
However the negative outcome will slow down our case against the police for using repressive violence, and will waste more of our time. But we will never stop asserting our right to demonstrate, and we shall appeal this unjust conviction. The "Mumia 4" will stand strong in denouncing injustice, fighting the frame-up of Mumia, and supporting the rights of ALL victims of government repression!
September 2, 2000 Free Mumia demonstration in The Hague attacked by police. Press statement and links at: http://www.Mumia.nl/2Sept2000-en.html
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