The ECtHR orders the Netherlands to pay Syrian refugees for unlawful detention

The European Court of Human Rights has faulted the Netherlands for detaining a Syrian asylum seeker after he was released from prison.

MB, as he is mentioned in the court documents, was convicted in 2016 of membership of a terrorist organization, despite the public prosecutor arguing that he should be acquitted. After his release from prison, the now 27-year-old was placed in immigration detention.

His lawyer argued that placing him in further immigration detention after he had served his sentence violated his right to freedom. After a series of appeals, he was finally granted asylum in 2018.

The court in Strasbourg agreed, calling his detention ‘disproportionate’ and ‘unnecessary’.

In the 38-page decision, the judges wrote: “Many of the steps necessary to assess the asylum application could have been taken during criminal detention without the need to subsequently hold the applicant in immigration detention.”

The court ordered the Netherlands to pay the man compensation of €4,560.