Today, the Council of State (the highest administrative court in the Netherlands) ruled on appeal that the protester who had been arrested following the clearing of the squat ‘Schijnheilig’ on 5 July 2011 in Amsterdam, should not have been placed in alien detention. According to the Council of State, there was no authority for (administrative) detention and custody. During the evacuation of the squat, there were no grounds to assume that the protester in question was an illegal alien. In addition, it is common knowledge that protesters that participate in action of this kind, for reasons of their own, sometimes refuse to reveal their identity. According to the Council of State, that is insufficient grounds upon which to base the assumption that they are illegal aliens.

Corrien Ullersma and Edward van Kempen, who represented the protester, point to the far-reaching consequences of this verdict. "The policy of the mayor, the police and the public prosecutor's office of placing protesters who refuse to reveal their identity in alien detention , can be binned", according to Ullersma. "That is an important breakthrough".

Read the verdict here (in Dutch).

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Prakken d'Oliveira, formerly known as Böhler, is a law firm with expertise and experience in asylum and immigration law, European law, administrative law, international criminal law and human rights. Our lawyers provide advice and conduct procedures before the Dutch Immigration and Naturalization Service (IND), the Dutch Review Committee on the Intelligence and Security Services (CTIVD), the District- and Appeals courts, the Administrative Law Division of the Dutch Council of State, the Supreme Court of the Netherlands, the European Court of Human Rights (ECHR), the Court of Justice of the European Union (ECJ), the Human Rights Treaty Bodies of the United Nations (UN), the International Criminal Court (ICC), and other international tribunals.