Tech & Rights

Dutch Anti-Terrorism Bill Doesn't Comply with International Treaties

The Dutch ministers of internal affairs and security and justice have introduced a bill on "Administrative measures to counter terrorism." The bill proposes several measures that restrict freedom of movement and the right to privacy.

by Nederlands Juristen Comité voor de Mensenrechten

In March 2015, the Dutch internal affairs minister and the minister of security and justice introduced a bill on "Administrative measures to counter terrorism." The temporary bill (it shall expire after five years) proposes several administrative measures – e.g., area bans and prohibitions of contact with certain persons – that restrict freedom of movement and the right to privacy.

These measures can be applied against persons believed to be, based on their conduct, "related to terrorist activities or to the support of terrorist activities." Moreover, the bill proposes a prohibition to leave the Schengen area for persons suspected to travel outside this area in order to join terrorist organizations.

The Netherlands Committee of Jurists for Human Rights (NJCM) has published a commentary on the bill. According to the NJCM, the bill does not comply with article 8 of the European Convention on Human Rights (ECHR), article 2 of Protocol 4 ECHR and article 12 of the International Covenant on Civil and Political Rights (ICCPR).

The Human Rights Committee and the Council of Europe’s human rights commissioner have commented very critically on a similar bill in 2009 (which was eventually repealed), urging the Dutch government to reconsider it. They criticized the lack of prior judicial review, the vague wording, the penalty in case of non-compliance (up to one year’s imprisonment), and the lack of a requirement of reasonable suspicion – issues that have not changed in the current bill.

The bill also brings up many problems in light of European Union law; in this respect, the NJCM refers to the Meijers Committee’s commentary on the bill.

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