The Netherlands Detains Him for 8 Days Before His Return to Morocco: Judge Releases Him and Awards Him €1,000
Placed in detention pending his return to Morocco, a Moroccan man has been released by the Dutch courts. The judge considered that the authorities had not sufficiently explained why a less restrictive measure was impossible. The State must pay him 1,000 euros.
The man, born in 1997, was placed in detention on 3 July 2026. The Dutch authorities wanted to prepare for his removal to Morocco and believed there was a risk that he would evade their control.
Several elements were held against him: he allegedly had not complied with the rules on entry or movement, had failed to comply with a previous obligation to leave the territory and was not cooperating sufficiently in establishing his identity and nationality. He had also stated that, if released, he would leave for France.
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During his hearing, however, the Moroccan man reported psychological problems and taking medication. In particular, he said he used Diazepam and explained that he had previously deliberately injured himself, and had done so again recently in Germany under the effect of stress. A doctor had been consulted, and the medical file also mentioned his psychological disorders.
Despite this, the authorities considered that his state of health did not prevent his removal. They noted in particular that some of the medication he used had already been prescribed to him in Morocco and could therefore be obtained there.
The reasoning concerning the medication is insufficient
For the The Hague District Court, however, this argument does not address the right question. Knowing whether medication is available in Morocco makes it possible to assess whether his state of health prevents his expulsion. It does not explain why it was necessary to detain him rather than use a less restrictive measure.
The court specifies that it is not concluding that detention was necessarily impossible. However, given the reported psychological problems, the authorities had to explain concretely why this measure remained necessary and proportionate despite the possibility of an alternative. That justification is missing from the decision.
The detention is therefore considered unlawful from its beginning, on 3 July. The judge orders its termination and the release of the Moroccan man as of 10 July.
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For his eight days of irregular detention, the Dutch State will have to pay him 1,000 euros: 160 euros for the day spent in a police cell and 120 euros for each of the following seven days at the detention center. The ministry must also cover 934 euros in legal costs.
This outcome contrasts with another recent case in which the Dutch courts refused to release a man awaiting his return to Morocco, notably because he refused to cooperate with his removal. Here, it is not the principle of returning to Morocco that invalidates the measure, but the way in which the authorities had justified the detention.