Anti-racism activist Abulkasim Al-Jaberi was arrested in November while protesting a centuries-old Dutch Christmas parade in which black-faced helpers called "Zwarte Piet" (Black Pete) assist Santa Claus. Critics of the custom denounce the use of blackface as racist.
"F--- the king, f--- the queen and f--- the monarchy," Al-Jaberi shouted in a tirade that was captured by news cameras.
Prosecution spokesman Franklin Wattimena told Reuters that Al-Jaberi, a Dutch-Iraqi journalist, had been summoned to appear in court on May 27 after failing to pay a 500 euro fine. He could be thrown behind bars under a law dating back to 1881 against "insulting the king," Wattimena said.
"The law dates from the 19th Century, but still exists like many other old laws. We have to enforce it," he explained.
The best-known recent example of its use was against a man who threw a crumpled tinfoil candle holder at the horse-drawn carriage of former Queen Beatrix five years ago and was sentenced to five months in prison.
Al-Jaberi’s lawyer, Wilem Jebbink, said he hopes to call King Willem-Alexander and Queen Máxima as witnesses in the prosecution.
"We want to ask them if they feel personally insulted or if they support freedom of speech for their subjects," Jebbink told the Independent.
Although human rights groups have condemned the use of similar laws in other countries as a pretext to silence criticism or dissent, its application is viewed as surprising in the Netherlands – a country celebrated for its liberalism.
— Herman (@hermzter) May 6, 2015
Jebbink said that Al-Jaberi’s arrest was “out of all proportion.”
"He was removed from the stage by police. The police and public prosecution department do not understand freedom of speech or freedom to demonstrate."
News of Al-Jaberi’s prosecution sparked outrage on Twitter and resulted in vandalism at the Dutch Royal Palace, where some spray-painted "F--- the King" on a wall.
— Daan de Wit (@DaanDeWit) May 7, 2015
In the Netherlands, the many supporters of Black Pete insist that the character is not racist and that use of blackface is intended to represent soot from traveling down a chimney.
In July 2013, an Amsterdam district court agreed with findings by a United Nations advisory committee that Black Pete’s appearance was offensive, but the decision was overruled by a superior court in The Hague.