Anti-Terrorism Legislation—Netherlands

Sweeping new anti-terrorism measures have been approved by the Dutch parliament.^[1] Under the new measures, authorities can “arrest suspects without strong evidence and hold them longer without charge.”^[2] In the past, “reasonable suspicion” was required to approve surveillance, infiltration, or wiretapping, but that requirement no longer applies in terrorism investigations.^[3]

The new law goes into effect immediately, and the new standard for making an arrest is “evidence a terrorist attack is being prepared.”^[4] Spot searches will be easier to conduct as well in “airports, industrial complexes, sports stadiums and government buildings,” and “[p]olice will be able to preventatively search people, and vehicles or things without permission” from prosecutors or judges.^[5]

Furthermore, police can hold a terrorism suspect for 14 days without charges being brought; previously it was three days.^[6]

Changes like those in the Netherlands are likely what US Attorney General Alberto Gonzales was referencing when he mentioned that some European nations “have legal tools to deal with terrorism that simply are not available in the U.S. criminal justice system.”^[7] Calling US laws and the Constitution “constraining,” Atty. Gen. Gonzales seemed to praise Europe’s “preventive detention regimes not available in the States,” and the “control orders” that other nations have implemented, which “restrict[] suspects’ freedom of movement and communication.”^[8] He did state that he was not “advocating that America adopt a European model,” but it is clear that he is grateful for the cooperation the United States receives from Europe.^[9]

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[1] Toby Sterling, Dutch Parliament OKs Anti-Terror Measures, AP (via Houston Chronicle), May 25, 2006.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Alberto Gonzales, Prepared Remarks of Attorney General Alberto R. Gonzales at the Vienna E.U. Interior Ministers Conference, US DOJ (via US Newswire), May 5, 2006.
[8] Id.
[9] Id.