Detention sans evidence

Geert Wilders has proposed a bill that will grant the Dutch Intelligence Services (AIVD) the authority to detain potential terrorists for half a year, even if the evidence for doing so is scant or nonexistent.

Currently, citizens in the Netherlands can only be detained if the Office of the Public Prosecutor has substantial indications of criminal activities.

Wilders states that this has to change. As soon as the Ministry of Interior gives permission, Wilders believes, the AIVD should be able to pluck someone from the streets.

According to the law, a judge has to review such a case within seven days. Under the Wilders bill, this would only happen by means of "marginal review," which means that a judge's assessment is limited to reviewing whether the right procedures were followed and excludes a substantive examination of the case. State broadcaster NOS notes that under the proposal, the Office of the Public Prosecutor would not be involved in the identification or detention of suspects.

Thereby, these proposals considerably curtail the possibility to protect the innocent.

Lock them up first, then we'll see

Wilders recently justified his draconian proposal to De Telegraaf:

"In Parliament, we are almost weekly commemorating victims of terrorist attacks in Europe. We almost always hear that the perpetrators were known to intelligence services. I want the AIVD to be able to act preventively... This bill can save lives."

According to Wilders, the extra measures passed in Parliament to address jihadists and terrorist sympathizers have been insufficient, for example the use of restraining orders to prohibit suspects from entering into a specific areas.

"But a jihadist who wants do harm people will not care about an restraining order," Wilders says.

The PVV leader states that this bill also solves the intelligence services' capacity problems, because, in his view, it is currently impossible to keep an eye on every potential suspect. His solution of locking up every potential suspect before any proof of wrongdoing is found, fouls the most basic civil rights.