The European Court of Human Rights (ECtHR) will consider the merits of the complaint filed by imam Fawaz Jneid against the Government of the Netherlands. The ECtHR has announced the communication of the complaint and the focus of its examination on its website (see here).
Background of the case
Jneid submitted the complaint in response to an area ban imposed on him on 15 August 2017 by the Minister of Justice and Security. He was denied access to two neighbourhoods in The Hague, the Schilderswijk and Transvaal, for half a year. Jneid was said to encourage young people in these neighbourhoods to jihadist violence in his lectures. The measure is based on the Temporary Administrative Measures Against Counterterrorism Act (Tijdelijke wet bestuurlijke maatregelen terrorismebestrijding – ‘Twbmt’).
The measure against Jneid and the judgments of the District Court and the Council of State have led to criticism in the press and amongst scholars, who concluded that his fundamental rights were insufficiently guaranteed. In particular it has been emphasized that it is unclear which behaviours do and do not fall within the scope of the Twbmt. In addition, criticism has been expressed about the fact that far-reaching measures have been imposed outside the criminal law framework and without the requisite legal guarantees and standards of proof. The statements that led to the imposition of the area ban do not call for violence or terrorism – Jneid has renounced violence and terrorism on several occasions – and the Public Prosecutor examined the statements and did not find them to be punishable. In addition, statements he made before the entry into force of the Twbmt in 2010 have also been held against him. As such, it had not been foreseeable for Jneid that his constitutional rights would be restricted in this way.
Jneid challenged the measure before the District Court of The Hague and the Administrative Jurisdiction Division of the Council of State, which rejected his appeal (see here and here). As a result, Jneid had no other option than to submit the case to the ECtHR.
ECtHR case and pending national procedures
The ECtHR has made clear that its examination will focus on the alleged violations of the right to freedom of religion (Article 9 ECHR), freedom of speech (Article 10 ECHR) and freedom of movement (Article 2 Protocol 4 to the ECHR). In this context, the ECHR will also consider the legislative basis of the measure.
Since the first imposition of the administrative measure in 2017, the measure has been extended every six months and runs consecutively for more than three years. In contrast to a criminal sanction it is completely unclear when and on which conditions the measure will end. To end the continuation of the measure, Jneid is forced to start a new administrative procedure against every extension (six thus far). At this moment, several national procedures against the measure are pending simultaneously.
Mr. Jneid is represented in these proceedings by lawyers Tom de Boer and Tamara Buruma.
See previous news updates on this case.