PILP supported Code Rood in an administrative proceeding against the decision of the Chairman of the Haaglanden Safety Region. Because of the COVID-19 pandemic, the chairman had limited the number of participants of a protest organized by Code Rood in 2020.
On May 19, 2020, Code Rood wanted to call attention, together with as many people as possible, to the need to hold Shell accountable for climate change and human rights violations. Code Red wanted to take into account the pandemic during the protest, had taken hygiene measures and on its own initiative limited the number of demonstrators to 100, while on the square there was room for 300 people keeping one and a half meters distance. Yet, from the Chairman of the Haaglanden Safety Region, only 30 people were allowed to demonstrate. According to PILP, this is not proportional and therefore an unauthorized infringement of the right to demonstrate.
The appeal procedure on the restriction imposed was lost. Code Red’s subsequent appeal, however, was upheld by the court. The court considered that a restriction on participants for each specific protest must be properly justified. The President of the Safety Region had not adequately justified the decision at the time. During the appeal process, the President did provide adequate reasons for the decision, which meant that the legal consequences of the decision were upheld.
Code Red, on the advice of PILP, decided not to appeal.
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