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Detention of squatter in immigration cells ruled unlawful

The Council of State has ruled that a demonstrator was unlawfully detained when police broke up an illegal squat in Amsterdam last summer.

The woman was one of 52 squatters held in immigration cells after they refused to give their names during the clearance of the Schijnheilig squat on Passeerdersgracht on July 5.

The Council of State said immigration and asylum minister Gerd Leers acted unlawfully when he gave permission for the cells to be used, because there was no evidence the squatters were in the country illegally.

The council, which rules on administrative law, overturned an earlier court judgment that the government was within its rights to use immigration cells.

It said the squatters’ determination to remain anonymous did not violate immigration law and was normal behaviour for activists when squats were cleared.

In July two of the squatters were awarded compensation after a judge ruled that their treatment breached European rules against arbitrary detention.

Lawyer Corrien Ullesma, who acted for the group, said: “The Council of State has clearly said that the immigration law is not designed to lock up demonstrators who do not want to identify themselves.

“I expect that in future, demonstrators at squat clearances will not be arbitrarily placed in immigration detention centres.”

A spokesman for the immigration minister said police should decide when arresting demonstrators if there were grounds to suspect that they were illegal immigrants.

Source: Het Parool: Opsluiten kraakster Schijnheilig was onrechtmatig

Photo by Roy Benjamin Coert

Read previous story: Anger over detention of squatters in immigration centres