Amsterdam: The ADM squat received surprising news. The United Nations Human Rights Committee stopped the eviction, which was scheduled for the coming days.
Originally published by ADM.
Note: Enough is Enough is not organizing any of these events, we are publishing this text for people across the US and Europe to be able to see what is going on and for documentation only.
Read all our articles about ADM: here.
This is the statement of our wonderful Human Right’s lawyer Electra Leda Koutra:
“Great great news for “free spaces” across the world. Fulfillment and relief (for now). The ADM Amsterdam stays!!! NO EVICTION TO ANY SPACE THAT DOES NOT RESPECT INTERNATIONAL STANDARDS CAN TAKE PLACE. The Complaint of 60 ADMers has been communicated to the Dutch Government with request for observations that have to be submitted until 26 June 2019. Then we will comment on them.
The Amsterdam Municipality had adopted a superficial “law and order” approach, based on the final decision of the High Court which was ordering their eviction. However, the Municipality obviously disregarded its own obligation, as regional government, under international law to ensure that an eviction is compatible with international standards and showed intolerance to the applicants’ socio-cultural minority status and the need for relocation of the whole community as a whole (unregistered residents and house boat residents too) in “a site better than the current one”. Not temporarily, but permanently. Taking into account the needs of individuals and the community. Making “consequences’ assessments” which take into account individual circumstances, such as disability of some community members. With respect to their fundamental rights, their culture, their need for a space allowing enhanced freedom of expression. I am certain that the Municipality’s cynical stance, as also expressed in the Council Meeting of 20/12, contributed to the indication of an interim measure by the UN.
The Dutch Government will also have to answer on the complaint that the space allowed for expression and free thinking is targeted indirectly, in that the “space” for it is either shrinked disproportionately or over-regulated to a degree not allowing such an expression. This tendency to sacrifice creativity before profit considerations has been decried by many rights movements globally. The stance of the HRC will affect these movements too.
It is interesting to note that the European Court of Human Rights had recently not only rejected the 53 ADMers’ (in that request) claim for urgent protection, but rejected their application… before it was even lodged. Upon inquiry as to how this is possible, it was argued that according to a recent practice of that Court, an interim measure can lead to the rejection of the whole “underlying application” (as it would potentially be submitted in the future!), if the Court believes that the information it holds is sufficient for considering the case.
The different levels of respect and protection afforded by European and UN mechanisms (in equivalent complaints protected in parallel by the ECHR and the ICCPR) are of wider concern and interest.
The communications between the applicants and the ECtHR were sent to the HRC, which obviously considered that the applicants’ protection, on EU jurisdiction, at all levels, has been inadequate.”
This is the letter that was send by the United Nations Human Rights Court (PDF file):
Statement by ADM residents, as it was read out to the press (at 12.00):
“Yesterday our request to stop the eviction of the ADM site has been honored by the United Nations because it is in conflict with international human rights. This statement is in the interest of all the free-spaces and freethinkers of the world.
For more than 4 years we have litigated in Amsterdam and The Hague for our right to a life of our own and our human rights.
This has not been recognized in Amsterdam and the Netherlands until now.
With the appointment of a green left coalition and the new mayor mrs. Halsema, we expected that this would be different.
For this reason, we were forced to appeal to the Human Rights Committee of the United Nations
The answer from the UN’s HCR was sent to the city council this morning by our Greek lawyer Electra Leda Koutra.
The Dutch government is currently considering this new situation. We expect more news about this within a few hours.
Today, the municipality of Amsterdam wants to enter the ADM area with the enforcement department to initiate the eviction of our community.
We strongly advise the municipality of Amsterdam to refrain from this until the UN’s HCR has issued a final judgment on this matter.
Our wish is that the city and state administrators hold their warm Christmas feelings and not come home from a cold FunFair.
The residents of the ADM, December 26, 2018
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