What happened
The Dutch Supreme Court (Hoge Raad) has overturned the convictions of eight climate activists. The actions in question covered three episodes: a 2019 protest inside the Tweede Kamer (Dutch parliament), a 2020 demonstration in the hallway of the Ministry of Economic Affairs and Climate Policy, and protest actions at ING buildings in 2022. The Court of Appeal had previously found the activists guilty of local trespass (lokaalvredebreuk) and of disturbing a meeting in the Tweede Kamer. However, those convictions had not led to punishment, because the court ruled that police and prosecutors had overstepped in restricting the right to demonstrate.
Legal background
The defendants appealed to the Hoge Raad arguing that the lower court did not properly apply European human rights standards, particularly those of the European Court of Human Rights (ECHR), which protect freedom of assembly and expression. They contended that the authorities had curtailed demonstrators’ rights to an extent incompatible with binding human rights jurisprudence. In response, the Hoge Raad examined whether prosecuting for local trespass or for disrupting a public meeting can stand when the enforcement actions are deemed excessive and unjustifiably limit protest rights.
Supreme Court ruling
The Hoge Raad agreed with the activists. It ruled that the prior conviction for local trespass and related charges was improper because the criminal process had, in effect, overreached and restricted the right to protest more than allowed. In other words, the court found that the authorities’ handling of the demonstrations—such as detaining suspects at a police station for hours and subjecting them to questioning—went beyond what is acceptable when balancing public order with the right to assemble. As a result, the convictions were annulled. The case will now be reconsidered by another court, which will have to evaluate the actions within the framework of human rights standards rather than rely on the previous findings.
What this means for protest rights
The ruling underscores a core principle: peaceful protest must be bounded by law in a way that respects individuals’ rights of assembly and expression. When authorities enforce restrictions that are too broad or too punitive, prosecutions for trespass or disrupting official proceedings may be invalidated. The decision aligns Dutch legal practice with European human rights norms, signaling that future cases involving demonstrations in sensitive settings will be scrutinized for proportionality and respect for protest rights—even when those protests occur inside government buildings or near critical infrastructure.
What happens next
With the convictions overturned, the eight climate activists face no immediate punishment from the Hoge Raad itself. The matter is returned to another appellate or trial court to determine a lawful resolution that honors both the right to protest and public-order considerations in line with ECHR guidance. Advocates for climate action will likely view this ruling as reinforcing the protection of dissent, while authorities may seek to ensure orderly conduct in future demonstrations through proportionate, rights-respecting measures.
Why this case matters
While the individual acts cited in the 2019, 2020, and 2022 protests are not excused, the Hoge Raad’s decision clarifies the limits of criminal liability when demonstrators are exercising their rights. It highlights the balance between safeguarding parliamentary and governmental operations and preserving the essential democratic right to protest—an issue increasingly central to debates on climate action and civil liberties in the Netherlands.
