US embassy cable - 05THEHAGUE2648

UNCLAS SECTION 01 OF 02 THE HAGUE 002648 
 
SIPDIS 
 
DEPT FOR EUR/UBI, S/CT, D/HS, INL 
JUSTICE FOR OIA - JFRIEDMAN 
DHS FOR OIA - DSEQUEIRA 
 
E.O. 12958: N/A 
TAGS: PTER, PINR, PINS, PGOV, NL, KPRP 
SUBJECT:  DUTCH COUNTER-TERRORISM LEGISLATION 
 
1.  SUMMARY:  Since the September 11 terrorist attacks in 
the United States, the Dutch have steadily constructed a 
solid framework of counter-terrorism (CT) laws.  The 
Netherlands has ratified and implemented all UN conventions 
and protocols on terrorism as well as all legal instruments 
in the European Council's counter-terrorism declaration of 
March 2004.  Additional counter-terrorism legislation -- 
passed in the wake of the Madrid bombings -- is on par with 
that of other EU member states.  Key provisions of 
legislation passed in August 2004, for example, criminalized 
conspiracy to commit a terrorist offense, made recruitment 
for jihad a crime, and raised sentences for homicide, 
hijacking and kidnapping when those crimes are committed 
with "terrorist intent."  The government's September 20 
budget presentation for 2006 did not include new CT 
legislative initiatives, but reiterated the government's 
intent to seek Parliamentary approval for several 
legislative packages already proposed.  This cable 
summarizes the provisions of counter-terrorism legislation 
enacted in the Netherlands since 2001, and the GONL's 
proposals for additional CT legislation.  END SUMMARY. 
 
2.  The 2006 GONL budget, presented to Parliament on 
September 20, indicates that the government will continue to 
place a priority on strengthening the Netherlands' CT 
capacity.  The budget message noted the government's 
expectation that Parliament would pass in the first half of 
2006 two legislative packages that would permit expanded use 
of special investigative methods, including phone taps and 
surveillance, in terrorism investigations, facilitate police 
detention of terrorist suspects, and allow greater use of 
intelligence information in trials of suspected terrorists. 
No new CT legislative initiatives were announced in the 
budget message.  The Justice Ministry budget for counter- 
terrorism programs will be increased to 37 million euros in 
2006 and 40 million euros in 2007, from 29.5 million euros 
this year. 
 
POST 9/11 CT LEGISLATION 
------------------------ 
 
3.  Legislative and administrative measures implemented 
since 2001 to strengthen the Netherland's counter-terrorism 
capacity include provisions that: 
 
--Increase (by up to 50 percent) the sentences for crimes 
  such as homicide, hijacking and kidnapping if the crimes 
  were committed with "terrorist intent;" 
--Make conspiracy to commit a terrorist offense a crime, 
  punishable by up to 10 years imprisonment; this provision 
  allows prosecutors to bring charges against suspected 
  terrorists at an earlier stage; 
--Make recruiting for jihad a criminal offense, punishable 
  by up to four years imprisonment (use of the term "jihad" 
  gave this provision a specific Islamic bent); 
--Redefine criminal participation in a terrorist 
  organization to include the provision of financial or 
  other material support, making it easier to prosecute 
  those who finance terrorism; 
--Allow courts to ban terrorist organizations on UN and EU 
  asset freeze lists, and criminalize financial support for 
  banned organizations; 
--Provide tools -- including the deportation or 
  imprisonment of members - to disrupt the activities of 
  foreign organizations not listed on asset freeze lists 
  but whose activities have been ruled by the courts to be 
  illegal in the Netherlands; 
--Improve AIVD (Dutch intelligence agency) capabilities, 
  including greater human resources, and improve 
  coordination and information sharing between intelligence 
  services and the police; 
--Enhance protection of critical infrastructure and high- 
  level GONL officials; 
--Expand monitoring of non-profit organizations; and, 
 
--Strengthen efforts to integrate immigrants into Dutch 
 society to prevent extremism. 
 
PENDING LEGISLATIVE PROPOSALS 
----------------------------- 
 
4.  In addition to the provisions already implemented, five 
packages of legislation are pending.  The first two were 
submitted to Parliament for approval in 2005, the remaining 
three have not yet been sent to Parliament. 
 
A. A bill to permit the use of intelligence information in 
criminal proceedings was approved by Parliament's Second 
(lower) Chamber in May 2005.  The bill would enable an 
examining judge to assess evidence from intelligence and 
security services without disclosing it to the defense.  The 
bill would also permit intelligence agents to testify 
anonymously.  The bill is currently before the Parliament's 
First (upper) Chamber.  The September budget statement 
indicates the government's expectation that the bill will be 
passed into law in early 2006. 
 
B. A bill to expand investigative powers in investigations 
of terrorist activities was sent to Parliament in June 2005. 
The 2006 budget presentation indicates the government's 
expectation that the bill would be passed by mid-2006.  The 
provisions of the bill would: 
 
--lower the threshold for use of special investigative 
  methods, such as phone taps, infiltration and 
  surveillance.  These methods would be permitted when 
  there are "indications" a suspect is involved in a 
  terrorist activity; current law requires a "concrete 
  suspicion" of involvement; 
--authorize prosecutors to request data from banks, 
  companies, and other private organizations, currently 
  prohibited by the Privacy Protection Act, to obtain 
  information about terror suspects; 
--authorize stop and search operations in high-risk areas, 
  such as airports and train stations, even if individuals 
  subject to these procedures are not suspected of a crime; 
--lower the threshold for extending a terror suspect's 
  provisional detention.  The bill would allow authorities 
  to hold a terrorist suspect for up to 24 days based only 
  on a suspicion of terrorist involvement.  Under current 
  law, authorities may hold a suspect for only 14 days 
  unless more concrete evidence is presented to a judge. 
  The bill would not change the current 100-day limit 
  during which a judge can detain a suspect before a 
  prosecutor presents the full case to a judge. 
 
C. In June, the Cabinet approved a draft bill to give 
Justice Minister overriding powers.  The bill would give the 
Justice Minister broad decision-making power in the event of 
a terrorist attack, including allowing the Minister to 
independently cancel air traffic, cell-phone service, and 
rail transport in the face of an imminent threat.  The 
Interior Minister would remain responsible for crisis 
control after an attack.  The Council of State, which must 
review all legislative proposals before they are submitted 
to Parliament for approval, is currently reviewing the bill. 
 
D. The bill on preventive CT measures would control the 
movement of individuals suspected of involvement in 
terrorism.  The bill would allow the government to issue 
restraining orders, based on intelligence or police 
information, prohibiting a terror suspect's physical 
proximity to specific locations or persons.  The draft 
legislation was approved by the Cabinet in June and is now 
before the Council of State for review. 
 
E.  A draft bill to penalize glorification of terrorist 
offenses would impose curbs on freedom of speech.  Justice 
Minister Donner sent the proposal to advisory bodies for 
review in late July.  Specialized advisory bodies are 
responsible for reviewing all proposed legislation before 
final Cabinet approval and submission to Parliament.  This 
is the most controversial of the GONL's proposed CT 
legislation.  Critics of the proposed law have expressed 
concerns about the broad scope of the bill's provisions, 
which would make glorification, justification or denial of 
terrorist attacks, genocide or war crimes a criminal act if 
such comments could disturb public order.  The offense would 
be punishable by a year's imprisonment, and by removal from 
office if an individual uses a position to foment hatred. 
The proposed bill would also increase the penalties for 
defamation and blasphemy. 
 
5. COMMENT.  The Netherlands has had relatively little 
experience with domestic terrorism since the 1970's when 
Moluccan separatists mounted a violent campaign for 
independence from Indonesia on Dutch soil.  Nevertheless, 
the Dutch government has worked steadily to strengthen its 
capacity to deter terrorist activities in the Netherlands. 
Dutch counter-terrorism legislation has kept pace with that 
of other EU member states.  Officials at the British Embassy 
note that Dutch and British approaches are remarkably 
similar, though Dutch legislation does not go as far as that 
of the UK.  END COMMENT. 
 
Blakeman