Netherlands: Court case against speed eviction


The police is threatening squatted buildings in Amsterdam and surroundings with speed-evictions, which means eviction without previous notice nor decision by a judge. One of the tools to reverse this trend is to start a court-case against speed eviction.

On October 1st, 2010 , the new law 138A on ” Squatting and Vacancy ‘ was included in the Penal Code. Although this law defines squatting as a crime, squatters still have the right to domestic peace. This means that the police is not allowed to evict squatted buildings without notice and without a court sentence. Thus speed eviction constitute a violation to this right, violation that is allowed only in situations of emergency. This state of ”emergency” could be applied when the property was still in use at the time it was squatted, in case of dangerous situation or when there is disturbance of public order. Only in these cases the police can decide to evict the squat immediately.

The police is now playing with the loopholes of the law, and squatted building are being illegally evicted. Last week this has happened twice in the Amsterdam region: at the Stammerhove 13, Diemen ( and at the

Ellermanstraat 31, Duivendrecht ( There are signs that other buildings will be threatened with speed-eviction in the near future.

It is not the first time that the Public Prosecutor and the police use these tactics. In the spring of 2012 the police evicted other squats in the same illegitimate way. In first place the building on the Swammerdamstraat 12, in Amsterdam, was evicted; then the Zeeburgerdijk and the Simon Stevinstraat (see: In this last case the squatters offered peaceful resistance, but the officers used violence against the group and many people were arrested (see: As this provoked a large scandal in the public opinion and embaressment for the chief of the police, since then the police had been following prescribed laws and procedures.

Soon a court case to stop speed-evictions will be started. The verdict will have nationwide effect. An email address was opend for questions, critiques or support: denial [at] puscii [dot] nl . We already have known of other speed-eviction cases from other parts of the country, but we are still looking for more examples, so please share any useful information.

The case is take care of by the following lawyers:

Rahul Uppal – Amsterdam, Westerpark advocaten.

Marcel Schuckingkool – Den Haag, VRVA

Willem Jebbink – Amsterdam, Jebbink & Soeteman advocaten


The Amsterdam KSUs.

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