little victory for dutch squatters!

[Simon Fairlie]

> From: suburbanstudio at runbox.com
> Date: 10 November 2010 12:07:14 GMT
> To: reclaiming-spaces at listi.jpberlin.de, INURA at YORKU.CA
> Subject: [reclaiming-spaces] Fwd:   little victory for dutch  
> squatters!
>
>
> ---------------------------- Original Message  
> ----------------------------
> Subject: [kraken] Court prohibits eviction of squatters [in English]
> From:    "jeremy" <jeremy at squat.net>
> Date:    Mon, November 8, 2010 18:25
> To:      kraken-post at dvxs.nl
> ---------------------------------------------------------------------- 
> ----
>
>
> On Nov 8, 2010, at 16:12 , Voor-recht wrote:
>
>> http://www.rechtspraak.nl/Actualiteiten/Gerechtshof+Den+Haag+legt 
>> +verbod+ontruiming+krakers+op.htm
>
> Translation in English of the court's press release:
>
> Appeals Court of The Hague imposes ban on evicting squatters
>
> The Hague, 8 November 2010 - On 8 November 2010, the court of  
> appeals in
> The Hague orally issued a judgment in a higher appeal as to the  
> question
> of whether the Ministry of Security and Justice can proceed to evict
> various squatted buildings in Amsterdam, The Hague and Leeuwarden. The
> court prohibited the eviction because in the new Act on Squatting and
> Vacancy, no possibility was created for squatters (who are in  
> danger of
> losing their home) to first have the eviction reviewed by a court.  
> This
> is a violation of the European Convention on Human Rights.
>
> Since 1 October 2010, the Act on Squatting and Vacancy is in effect.
> This statute makes squatting a punishable offense. The law gives the
> authorities the possibility of evicting a squatted building as a  
> matter
> of criminal law, without the necessity of a court order. After a  
> number
> of municipalities had indicated that they would proceed to evict
> squatted buildings, various applications for a temporary injunction  
> were
> filed concerning the scope of the new law.
>
> In the case at hand, squatters demanded that the eviction of various
> squatted buildings in Amsterdam, The Hague and Leeuwarden be  
> prohibited.
> The provisional judge in first instance rejected their claim. The  
> court
> is currently considering the case in higher appeal. Because the first
> round of evictions was planned for tomorrow, the court issued its
> decision orally today. A written decision with the reasons provided  
> will
> become available sometime next week.
>
> The court prohibited the eviction. It ruled that the squatters are in
> danger of losing their home with the eviction. A person's home enjoys
> special protection under the European Convention on Human Rights  
> (ECHR).
> The European Court of Human Rights has repeatedly ruled that  
> someone may
> not lose his home before a court has first had a chance to rule on it.
> Since no arrangement was made for this in the new law, and since the
> prosecuting authorities have also not established a clear, published
> policy in this regard, the court is of the opinion that eviction under
> these circumstances would be in violation of the ECHR.
>
> Source: Appeals Court of The Hague
> Current date: 8 November 2010
> --------------------------------------------------------------
>  2009 archief: krakenpost.nl/archief/2009.tar.bz2
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>  [08 Nov 18:00u]:268 abonnees
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