Right to protest – The Hague

Right to protest – The Hague

In response to Morocco’s crackdown on human rights defenders in 2017, a demonstration was planned in the Netherlands. This protest was to take the form of a symbolic hunger strike in front of the Moroccan consulate in The Hague.

However, through an email sent by the police on behalf of the mayor, the planned demonstration was banned. The demonstration was restricted by the mayor in both time, place and form. PILP, together with attorney Alexander IJkelenstam of law firm CMS, challenged this decision on behalf of the organizers.

First, it had to be established that such an email message from the police is a decision within the meaning of the law. On October 9, 2019, the Council of State ruled in favor of clients: the message sent by the police is a decision within the meaning of the law.

Subsequently, on December 5, 2019, the mayor dealt with the substance of the objection and found in favor of the clients. The demonstration should not have been restricted.

This case was closed following a ruling by the Council of State. During the objection phase, the municipality ruled that making shocking or offensive expressions may not be prohibited prior to demonstrations. The court drew a line under the flyer ban imposed by the municipality. The Council of State has ruled in favor of our clients that municipalities may not simply demand that organizers of demonstrations hire their own certified traffic controllers.

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