Fwd: little victory for dutch squatters!

[Mark Barrett]

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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
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 [08 Nov 18:00u]:268 abonnees
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-- 
"We hear men speaking for us of new laws strong and sweet /Yet is there no
man speaketh as we speak in the street.”
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