Gov't allowed to detain asylum seekers in Schiphol judicial complex: Council of State
The Council of State has overturned the Amsterdam court’s ruling that asylum seekers awaiting deportation cannot be detained at the Schiphol Judicial Complex (JCS). The Amsterdam court considered it unlawful to detain asylum seekers with criminal detainees because it restricts their freedom too much. But the Council of State disagreed.
According to the Council of State, the JCS meets the requirements of a specialized detention facility as stipulated in the European Reception Directive. “The fact that the JCS also houses criminal detainees and that the various detentions show similarities does not mean that the JCS is unsuitable for holding asylum seekers,” the Council of State said in a ruling on Wednesday. “The border detention of asylum seekers in the JCS is therefore not unlawful.”
On January 31, the Amsterdam court ruled that the border detention for asylum seekers is too similar to criminal detention and that the restrictions to which asylum seekers are subject at the JCS are not necessary for the purpose of border detention.
But according to the Council of State, there are enough differences between the two groups of detainees. The organization of their detention is the same, but the two groups are kept separate. “The fact that both asylum seekers and criminal detainees are restricted in their freedom does not mean that there are no differences. Asylum seekers are detained for a shorter period in the JCS and can make more use of the exercise yard than criminal detainees,” the Council of State said.
The Council of State ruled that “these restrictions do not go beyond what is necessary for the purpose of border detention or to guarantee the safety of asylum seekers and JCS staff.” The government can, therefore, continue to detain asylum seekers at the JCS.
