In October 2021, NRC revealed that at least 10 Dutch municipalities had ordered covert investigations into mosques and Islamic organizations in their cities. With money provided by the NCTV, they hired a private research agency, NTA, whose staff observed mosques without identifying themselves.
The findings ended up in a secret report (“the NTA report”), detailing, for example, what the mosque administrators, imams and teachers involved studied, who is related to whom, with whom they quarrel, and what their religious teachings would be.
The secret investigations had a huge impact on the mosques under investigation and their communities. They all had good contact with congregations and officials in their cities. While the mosques thought they had a trusted partner in the municipality, they appeared to have been viewed with distrust. The secret investigation, therefore, cannot be separated from the growing Islamophobia and the stigmatization and criminalization of Muslims in Dutch society.
The publications in NRC led to much controversy about the NTA investigations. Several municipalities have apologized towards the local Muslim community. On the contrary, other municipalities are holding off and claim that nothing unlawful has taken place.
Restoring trust begins with transparency. The mosques therefore argue that they have the right to see what has been written down about them and their community by NTA.
What does PILP do?
PILP is assisting mosques in several municipalities with procedures to obtain access to the report written about them. The mosques believe that various fundamental rights have been violated. They consider the study discriminatory and claim that their privacy and freedom of religion have been unjustly violated.
PILP assisted mosque Eenheid (municipality of Leidschendam-Voorburg) in a Woo proceeding about the (partial) disclosure of the NTA report by the municipality. The municipality intended to disclose the report, which NTA opposed in the administrative court. Mosque Unity joined as a third-party stakeholder in the proceedings between NTA and the municipality to explain the importance of disclosure to its community. On July 19, 2023, the court ruled: the municipality was allowed to proceed with the (partial) disclosure of the report. Meanwhile, the municipality of Leidschendam has revealed the NTA report, but many (important) passages have remained blacked out.
In the municipality of Delft, PILP is assisting the Al-Ansaar mosque. The mosque is claiming access to the NTA report and some other documents through a so-called “exhibit procedure.” This allows the mosque to request documents through the courts that are important for its evidentiary position in any subsequent proceedings. Read more about these proceedings against the municipality of Delft in this article in the AD.
For mosque Taubah (municipality of Veenendaal), PILP first had the NTA report and other important documents seized by a bailiff with the court’s permission because of fear of embezzlement. In subsequent summary proceedings (emergency proceedings), the seizure of the report was again lifted by the court because the municipality is legally obliged to keep it. On the other documents the seizure remained, because here there is still a well-founded fear of embezzlement.
The mosque then commenced proceedings on the merits, requesting access to the report and the other documents through an exhibit request (see above). The mosque is also holding the municipality of Veenendaal liable for wrongful acts towards it and its community, because the NTA investigation violated fundamental rights. Read more about these proceedings of mosque Taubah against the municipality of Veenendaal in this news article.
