Communicated on 29 September 2020 Published on 19 October 2020

FOURTH SECTION

Application no. 57264/18 Fawaz JNEID against the Netherlands lodged on 30 November 2018

SUBJECT MATTER OF THE CASE

The application concerns the imposition of an area ban on the applicant under the Temporary Counter-Terrorism (Administrative Measures) Act ( Tijdelijke wet bestuurlijke maatregelen terrorismebestrijding ). The Act provides for the imposition of administrative measures on persons who can be linked to terrorist activities or who support terrorism. The applicant is an imam who has been holding religious lectures since the early 2000s. In August 2017 a first six-month area ban was imposed on him, preventing him from going to two districts in The Hague, where he regularly gave sermons. Since January 2018, the applicant has received five more six ‑ month area bans which, so he submits, unjustifiably limit and/or restrict his rights to manifest his religion and to his freedom of expression and liberty of movement.

QUESTIONS TO THE PARTIES

1. Was the restriction on the applicant ’ s right to liberty of movement, as guaranteed by Article 2 § 1 of Protocol No. 4:

a) in accordance with the law;

b) necessary in terms of Article 2 § 3 of Protocol No. 4 and/or

c) justified by the public interest, within the meaning of Article 2 § 4 of Protocol No. 4?

2. Has there been an interference with the applicant ’ s rights to freedom of religion and freedom of expression, within the meaning of Article 9 § 1 and Article 10 § 1 of the Convention?

If so, were those interferences prescribed by law and necessary in terms of Article 9 § 2 and Article 10 § 2?