Amsterdam mayor wasn't allowed to close home after discovery of ATM bombing equipment

Amsterdam mayor Femke Halsema wasn’t allowed to close a home in the city for three months in August 2019 after the authorities found materials for an ATM bombing in the basement box, the Council of State ruled on Wednesday. The situation did not match the requirements for the measure.

The mayor closed the home based on the Municipalities Act to protect public order. This happened after the son of the residents was arrested for an ATM bombing in Aachen, and the police found explosives, balaclavas, a crowbar, a headlamp, and large bags in the basement box. The police immediately seized the equipment.

The Council of State said it understood the mayor’s need to send a signal that the city would take action against explosive attacks on ATMs. “ATM bombings are serious criminal offenses that have a major social impact,” the Council said. But added: “The mayor is naturally bound by the powers that the law confers on her.”

The law states that a mayor can only close a home if there is a serious nuisance in or around the house or in the event of an emergency situation that requires rapid action. That was not the case here, the Council of State said.

“Public order in the vicinity of the house had not been disturbed by the actions in the basement box and the materials found there,” the Council said. The authorities received no reports indicating regular nuisance around the home, and there are no recorded incidents tied to it.

And because the police immediately removed the explosives found in the basement box, these didn’t constitute an emergency situation that posed an immediate risk to locals. “The mayor was, therefore, not allowed to close the house with an emergency decree,” the Council of State said.