Mohammed Bouyeri - Trial

Trial

Bouyeri's trial took place over two days, 11 and 12 July 2005, in a high-security building in Amsterdam-Osdorp. In a letter on 8 July, he announced that he would not attend the trial voluntarily and that he did not accept its jurisdiction. The Prosecutor demanded of the court that he be forcibly transported to the courthouse. This request was accepted by the court. Bouyeri's lawyers did attend the trial; they did not, however, ask questions or make closing statements. Bouyeri appeared before the court carrying a Qur'an under his arm. At the trial Bouyeri expressed no remorse for the murder he admitted to having done, saying to the victim's mother: "I don’t feel your pain. I don’t have any sympathy for you. I can’t feel for you because I think you’re a non-believer." and that he would have done it again. Bouyeri also argued that "in the fight of the believers against the infidels violence is approved by the prophet Muhammad".

In the Dutch law system, a Prosecutor demands a punishment in a requisitoir. Presenting the requisitoir to the court took four hours, at the end of which the demand was presented. It read (unabridged):

The defendant rejects our democracy. He even wants to bring down our democracy. With violence. He is insistent. To this day. He sticks to his views with perseverance. This calls for a strong response. By literally placing him outside our democracy. This means that he will not be allowed to vote. This means deprivation of active and passive suffrage.
Taking everything into consideration, the severity of the facts, the underlying circumstances, and the personality of the defendant, I find only one punishment suitable and that is life imprisonment.

On 26 July 2005, Bouyeri received a life sentence without parole. He is presently held in Nieuw Vosseveld prison.

Life imprisonment in the Netherlands is the most severe punishment and is always without parole. Under Dutch law an early release from life imprisonment is possible only through a pardon by the Queen, which is almost never granted. Excluding war criminals, Bouyeri is only the 28th person to receive this punishment since 1945. A life sentence is ordinarily seen only with multiple-homicide cases, but a new law introduced in 2004 also makes the sentence applicable for leaders of terrorist organisations. In addition, the Wet terroristische misdrijven ("terrorist crimes law", in effect since 10 August 2004), also states that, if there is a terrorist motive for a crime, the term can be increased by half. Imprisonments ordinarily in excess of 15 years can be upgraded to life imprisonment, as was the case with Bouyeri.