I am being prosecuted© 20 March 2021 Marthijn Uittenbogaard
Yesterday, shortly after the recent elections, I received an email from my lawyer's secretary. She mailed me that the dossier of me and my partner's case had arrived. A total of twelve folders. She wrote that they would try to scan all of it but that this will take some time. At the moment I cannot read it yet. I also received the concept indictment. Why it is called concept I do not know. My partner had been in prison for six months on false accusations. I wrote about this before. Read for instance the following articles:
Rest in peace Jan Kruitwagen: https://marthijn.nl/p/211
Debat over de veronderstelde schadelijkheid van pedoseksualiteit hoort geen taboe te zijn (Propria Cures): https://marthijn.nl/p/208
Visitors not allowed: https://marthijn.nl/p/201
Lieve L.: https://marthijn.nl/p/197
I'm on a pro-pedosexuality mailing list again!: https://marthijn.nl/p/196
Media demoniseren mensen die een debat op de agenda willen plaatsen over een onderwerp dat taboe is - Manipuleren is ook liegen - https://marthijn.nl/p/190
Click here for the indictment (PDF-file - Text in Dutch): Concept tenlastelegging
I am accused of being part of a criminal organization. This while I do everything in the open. They claim that my Twitter-activities are part of an illegal organization. They claim I started brongersma.info after Martijn Association was forbidden in 2014. In fact I started my website in 2012, which I'm sure they know. So after ten years, my website at one day instantly became illegal? When the case against the Martijn Association took place, I asked the prosecutor if I as a person was allowed to publish everything the organization had on their website, because then it would be not an organization but only one person who was doing so. She responded with: 'Yes why not?' So how is it possible that now this would be illegal? The transcript of this court case is still a thing I like to have. I wrote several letters to the court, but the legal Parguet refused to give them to me as being irrelevant in my case. The same organization who prosecute me decided to not give me this information: kafka. I want to know if the answer by the prosecutor in that court case was minuted, and otherwise I can call witnesses who were present in the court room.
Besides my Twitter-account, which I have had since 2011 by the way, and my brongersma.info-website, they also target my Marthijn.nl-website and my email-correspondence. I have written many articles in my life and also gave many interviews. One day I started to collect my articles and placed them on my website seksencyclopedie.nl. This is a website that I have had since 2004. My friend Norbert de Jonge one day mailed me with a totally new website: marthijn.nl. (I did not know he was building this site for me at all.) He said: 'If you like it, you can have it.' He thought my articles were placed on a site in a corner of the internet. Not prominent (www.sekencyclopedie.nl/columns) and the layout was very basic. I liked the new website and De Jonge made me the owner. This unsuspected gift is the only involvement someone had on Marthijn.nl, but hey bingo: criminal organization. And also: this was years ago.
At last there was an email-list. This was a project by Norbert de Jonge and why is it illegal to email each other? This whole case against me, Norbert de Jonge, Ad van den Berg and Nelson Maatman is against the freedom of speech and to discriminate people in their existence. For example: on Twitter, people can follow you and you can follow people in return. This is how social media work. Only Maatman of these four people named above followed me on Twitter and he messaged me only a few times. But due to the prosecutors this must be seen as an illegal act by an organization. This is madness and fascism. My brongersma-website is something I did on my own. It took me thousands of hours work over the years. I only once had help from someone: Nelson Maatman. He wanted to help me and I asked if he could anonymize minutes of the Martijn Association, which I wanted to share with the public. Historicly it is of importance and a Volkskrant-journalist that I had contacted wrote an interesting article about it. (And he interviewed me for a podcast too.) But after ten minutes Maatman stopped, busy doing other things. I had to do this also all by myself. But these ten: hey bingo, illegal organization. In these minutes you must look with a magnifying glass to find opinions about our sex laws, because administrative matters are much more prominent in these kind of documents.
I almost forgot: freespeechtube.org. This is a website created by Norbert de Jonge, where people can post videos. He started this site because YouTube censors so many videos because of the 'wrong opinion'. This cancel culture is taking place because a few very dominant companies hold too much power. My involvement in it is minimal. He asked me to also become a moderator but in practice I am not and I don't visit the site that much. Some time after the site launched, I places some videos of mine on it: videos that I also have on YouTube. So why is YouTube not part of the criminal organization because I have fifteen years or so an account over there. Not that I'm very active there, but I was even less active on freespeechtube.
Not that I want to dissociate myself from others' web activities, but just to show you how constructed this whole 'criminal organization' by the prosecutors is. The real criminal organization is of course the Dutch Openbaar Ministerie (the prosecutors) and the politicians in power in Den Haag.
These politicians are planning to hunt us down due to the laws they are planning to make. When I saw these plans late 2019 I knew they would target us and maybe sent us to prison. Not because I changed my activism this court case is now coming, but because Den Haag (The Hague) wants to hunt us down. I wrote about this before our houses were raided and I was right:
Freedom of speech under fire in The Netherlands: https://marthijn.nl/p/191
The defense has the right to bring in research questions. Besides the text by the prosecutor in the Martijn case, I also want Alexei Navalny to testify in court. He, as an expert of oppression in his country Russia, can tell the judges what it's like to be prosecuted and imprisoned, because of his legal fight for his ideals. The prosecution of me and my friends is comparable with his case in many ways.
In the Dutch Senate, the labor party PvdA asked the following question: "What options are there for organizations who want to legalize what is currently prohibited through a purely democratic way (think of pedophilia or hard drugs)?"  I don't know if this question has been answered yet by our government, but I'm very curious to know the answer.
My lawyer Sidney Smeets is elected in parliament. I congratulate him with this result. I myself voted for Sylvana Simons and I'm happy that her party, BIJ1 (2gether), got one seat, so they will enter the parliament. If Smeets will still do some cases or not: I don't know yet. He's a good lawyer, but in the Martijn case Bart Swier also was a good lawyer. But when you are fighting against fascism you cannot win no matter the lawyer. I decided that I am defending myself in public. Here on my website. My audience is the public, not some goebbels-reporters writing sensational stories, only to destroy basic freedoms. Journalists that are not investigating the people in power, but that are only licking the feet of the people at the top.
Other news. The court case against someone who wanted to kill me with a knife is being held in August this year.
How am I and my partner mentally under these circumstances? The answer is: terrible.
Today, someone wrote to me on Twitter: "These are rough times, Marthijn, for you and your comrades who are, indeed, standing alone. It is hard not to feel real hopelessness, I know. I had to step back for a while as the stress was beginning to affect me so I can't imagine what you're going through. What is your "legal exposure" i.e. criminal penalty that you are facing?"
My answer to him: "Criminal maximum penalty is approximately 2 years. But they can also give it 'conditional'. That you must serve the time if you do it again. Yesterday my lawyer received the dossier of me and my partner. Together it is twelve folders [edit url picture of folders]. They claim my websites are part of a criminal organization. And even this Twitter account they claim is part of it."
One friend emails me everyday with five or ten articles he finds interesting. Sometimes one of these I find interesting for a quote on my website brongersma.info. If the prosecutors decide that he is therefore also part of a criminal organization then who will stop them? How can you live in such a country of fascism I wonder. The leading party in the Netherlands, the VVD, with prime minister Mark Rutte secretly polls the public all the time. They know what the public 'wants' and this is how they define democracy. But this way of politics leads only to fascism. And I also believe that they want to silence me because I have many quotes about them; when politicians were in favor of lowering the age of consent, and to abolish all sex laws, and not wanting to make child porn possession illegal, etcetera. They are trying to rewrite history. The archive the prosecutors took from my home, which were fifty folders or more, need to go to an organization that keeps them save for historic purposes. I'm afraid Den Haag and the secret service wants to destroy it! If you are a journalist, columnist: please use your powers to prevent this in stead of choosing to be part of the book burning process.
The fact that I also have contacts with foreign activists is something that is not in the indictment at all. The outcome of this process could be that I cannot be active with Dutch friends but that I can be with foreign ones. Because they are not part of a criminal organization. And what is active with my friends? I can talk to them about the weather but not about fascism? I will never stay silent by the way, no matter the outcome of this court case! I will use this case, in which I'm involuntarily involved, for this purpose: to make the world a better place. Nelson Maatman already fled this country and he asked for asylum in a foreign country as a political refugee.
Our national politicians in Den Haag want to make it much more difficult to be elected in parliament. They are making a law in which new political parties need to collect ten times more signatures than today. Only parties without seats must hand over these signatures. Almost every new party that enters parliament had difficulty collecting the current amount of signatures. Many parties failed doing so already. I'm sure BIJ1 that was elected this week, would not have succeeded in collecting ten times more signatures than needed this time.
The law used against me and my friends was, when it came into power never designed to be used against organizations for their speech. Only acts like terrorism or illegal drug dealing were possible to mark a group of people as a criminal organization. Speech not, and that was written down in the official explanation of this new law. The criminal Hoge Raad (Supreme Court of the Netherlands) raped our basic human rights laws. And fascists never rest as we see today. They have to be stopped, otherwise they will continue to create a police state. Which it in fact already is.
The case against us should not be held with the four of us together, otherwise we are treated as an organization before a decission is made by a judge. Also, it should not be held in Rotterdam, because that court is for international cases and that is not the case here. Of course behind the scenes it is: Den Haag wants to shut us down partly (or mainly?) because of in their eyes negative image of The Netherlands. They prefer an image of fascism, which is today's fashion again.
The last ten years Ad van den Berg has done hardly anything concerning activism. He is not active on social media like Twitter or Facebook. He only gave an interview some years ago to the daklozenkrant (a newspaper sold by homeless people). And together with me, he went to a Belgium university for a talk about pedophilia. The prosecutors would say this talk in front of students is part of an illegal organization if no university would be involved. Because they cannot say the university was illegal, so this talk was save for us. But that is how they criminalize us: in a way of total arbitrariness. A characteristic of fascism is this arbitrariness and the fact that you can never know what is considered legal or illegal at any given time.
The prosecutors claim that we destroy boundaries for people to break the laws and that we glorify pedosexual relationships. I always have, for more than twenty years now, told people not to break the laws. And I have for twenty years pointed out that there are positive, neutral and negative relationships: scientific studies proof me right. In the case against Association Martijn the prosecutors did not explicitly point to a text in which we were 'glorifying' or breaking boundaries. You cannot just claim statements without proving we did so. The truth should always be allowed to be written down or to be spoken out loud.
 Wijziging van Boek 2 van het Burgerlijk Wetboek ter verruiming van de mogelijkheden tot het verbieden van rechtspersonen' - Eerste Kamer der Staten-Generaal - zoek.officielebekendmakingen.nl/kst-958571 - Eerste Kamer der Staten-Generaal; Publishing date: 3 December 2020