This Expert Opinion addressed the legality of the sanction imposed on asylum seekers who used pots
and spoons to generate noise during their protest against their living conditions in a reception centre
in the Netherlands. The imposed sanction consisted in the withdrawal of their weekly allowance
(€12.95/week) during a period of four weeks. This Opinion focuses on the legality of this sanction in
the light of the human right to protest and the EU Reception Conditions Directive.

The Opinion concludes that by sanctioning the noise, the state interfered with the right to protest. The
first part of this Opinion lays out that the sanction is disproportionate and unjustified, notably due to
its severity and chilling effect. The legal analysis was anchored in national, European, and international
law, which firmly established that the right of asylum seekers to engage in a peaceful protest, including
through the use of noise, is protected under the ECHR, ICCPR and Dutch law. One substantial finding
is the indivisibility of the noise and the protest, as the creation of noise was essential to the protest
and the chosen form is protected.

As to the conformity with the EU Reception Conditions Directive, it is argued that the sanction is not
in line with the Directive as it is overly severe, disproportionate and violates human dignity as included
in the EU Charter. The examination in the second part of this Opinion highlights the ambiguity
surrounding the term ‘serious breach’ of house rules, as mentioned in the Directive, particularly in
cases where noise is part of a peaceful protest. This Opinion argues that non-violent expressions of
dissent, like making noise during a demonstration, should not constitute a serious breach of house
rules unless the noise escalates to seriously violent behaviour or poses a direct threat to the safety and
well-being of others in the accommodation centre.

This Expert Opinion calls for a re-evaluation of sanctions such as those imposed on the asylum seekers
for their protest against the living conditions. The full Expert Opinion can be consulted here.