Amsterdam squatters square off against Russian oligarch Arkady Volozh in court appeal

Activists occupying the Amsterdam mansion owned by Russian billionaire Arkady Volozh since October faced their second legal battle over the issue on Wednesday. The oligarch, who is on the European sanctions list due to the war in Ukraine, lost an earlier court case against the squatters in November. Dissatisfied with the initial verdict, Volozh appealed to the Amsterdam Court of Appeal. The appeal hearing took place on Wednesday, during which Volozh's legal team presented new evidence including a contentious argument over photographs they submitted to the court.

For over six months, the squatters have been staying in the multi-million euro mansion on Vossiusstraat with a view over Vondelpark. The squatters said at the time their occupation was a protest against the Russian invasion of Ukraine and to draw attention to the housing crisis in the Netherlands.

During a preliminary hearing for a case initiated by Arkady Volozh's company, the court refused to order the eviction of the activists from the property. Volozh’s lawyer claimed that the Russian billionaire intended to renovate the property for personal use, and planned to use the house with his family. However, the court ruled at the time that the squatters did not need to leave since the property was frozen due to EU sanctions, and would thus remain unoccupied.

In the lead-up to the appeal, the squatters released a statement accusing Volozh of using a temporary resident to illicitly gather new evidence for the lawsuit. They claim that Volozh submitted dozens of pages of last-minute evidence, including videos, photos, and screenshots of private group chats. The evidence was meant to show that the squatters were acting without safety precautions, including an unprotected elevator shaft, lighting a fire in the garden, and loud, ongoing parties.

These were allegedly obtained by a man who introduced himself as a Ukrainian fleeing the war. He resided in the building for two months. “We opened our space to him and welcomed him with open arms,” reported the squatters. “It has now come to our attention that he was spying on us and has been passing on information to the lawyers of Volozh in an attempt to discredit and ultimately evict us.” The squatters indicated they do not know whether this person was hired from the start or if he was approached later and coerced, bribed, or intimidated into giving up information.

When reached by NL Times, Heleen over de Linden, the squatters' lawyer, confirmed that the new evidence comprises of ten photographs and several short videos, which were presented during Wednesday's hearing. "We are still uncertain as to how the lawyers obtained these new photos," she remarked, adding that they claimed to have discovered the photos and videos online. She acknowledged that it remains "unclear" whether the man infiltrated the squat, noting that the squatters informed her that "he was taking a lot of pictures." She added that "nobody knows where he is at the moment."

Over de Linden said that Volozh's attorneys utilized these photos to demonstrate to the judge that the squatters were not using the space as a living area, but instead were hosting free shops, temporary restaurants, and events. They also presented pictures to depict the property as messy and unsafe. Moreover, she said that Volozh's legal team provided the judge with more than ten complaints from neighbors regarding noise disturbances.

The squatters defended themselves, saying that the gatherings are similar to those in student associations, and are meant to advance their agenda. “Film screenings, workshops, concerts, fundraisers with a bar and DJs. That can't be done in a house on a quiet street, can it?” the judge questioned. "That just doesn't fit in Vossiusstraat. Then you get into fights with everyone," the judge said, according to Parool.

The oligarch founded the Russian search engine Yandex, the largest internet company in Russia. He was placed on the European Union's sanctions list last year, as the search engine promotes propaganda, while blocking or filtering out other critical search results. “Yandex is also responsible for promoting State media and narratives in its search results, and deranking and removing content critical of the Kremlin, such as content related to Russia's war of aggression against Ukraine,” the EU said.

“Furthermore, as founder and CEO of Yandex, [Volozh] is supporting, materially or financially, the Government of the Russian Federation and is responsible for supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine.” Volozh resigned as CEO soon after, but remains accused of giving the Russian government significant influence over Yandex business activities, and access to the data it gathers.

Volozh is prohibited from entering Europe after he was placed on the EU sanctions list, argued Over de Linden. This despite the fact that he controversially obtained Maltese citizenship in 2016 in a scheme colloquially known as "cash for passports."

John Wolfs, Volozh's lawyer, argued that Volozh is absolutely allowed to use the property himself, and said that is his intention. The mansion is meant to be a second residence for his family, who live in Israel, Wolfs said. "It is one house with one front door, an open situation where family members can easily walk in together."

Wolfs used the appeal to counter the assertion that the residential property is being renovated in such a way that it can be divided into multiple homes. The squatters argued successfully in the last court hearing that the building had three bathrooms and three kitchens when they entered the empty property. It now also spans carries three street addresses.

"We bought the house in 2018, because we spent a lot of time in Amsterdam with the family,” said the oligarch's wife, Tosha Volozh, through a Hebrew interpreter. “We wanted to fix it up and make it habitable. Coronavirus has let that stagnate, but it was almost finished in October 2022,” Parool quoted her as saying.

The squatters also questioned Volozh's right to renovate the property, as his assets are currently frozen, including the Vossiusstraat building. Renovating the facility will increase its value in violation of the EU sanctions.

The verdict is expected on May 16. Over de Linden remains optimistic, stating, "He's probably going to lose again this time." The primary reason is that Arkady Volozh continues to be on the EU sanction list, prohibiting him from traveling to the Netherlands. As a result, the property will remain vacant, making it unlawful to evict the squatters under Dutch law.

A squatter told NL Times he believed the hearing “went really well.” When asked about the verdict, the person said it was “hard to tell.”

Attempts to reach Volozh's lawyers were unsuccessful.