The Netherlands detains him for 8 days before sending him back to Morocco: judge releases him and awards him €1,000

The man, born in 1997, was placed in detention on 3 July 2026. The Dutch authorities wanted to prepare his removal to Morocco and believed there was a risk that he would evade supervision.

Several elements were held against him: he allegedly had not complied with entry or movement rules, had failed to comply with a previous order to leave the territory and was not cooperating sufficiently in establishing his identity and nationality. He had also stated that, if released, he would leave for France.

On Bladi.net : The Dutch justice system rules in his favor, then orders him to return to Morocco anyway

During his interview, however, the Moroccan man reported psychological problems and taking medication. In particular, he indicated that he used Diazepam and explained that he had deliberately injured himself in the past, and more recently in Germany under the effects of stress. A doctor had been consulted, and the medical file also mentioned his psychological disorders.

Despite this, the authorities considered that his state of health did not prevent his removal. They noted in particular that some of the medicines he used had already been prescribed to him in Morocco and could therefore be obtained there.

The reasoning concerning the medication is not sufficient

For the Hague court, however, this argument does not answer the right question. Knowing whether medication is available in Morocco makes it possible to assess whether his state of health prevents his expulsion. It does not explain why it was necessary to detain him rather than use a less restrictive measure.

The court specifies that it is not concluding that detention was necessarily impossible. However, given the reported psychological problems, the authorities had to explain concretely why this measure remained necessary and proportionate despite the possibility of an alternative. That justification is missing from the decision.

The detention is therefore considered illegal from its outset, on 3 July. The judge orders its termination and the Moroccan man’s release as of 10 July.

On Bladi.net : article 123031

For his eight days of unlawful detention, the Dutch state will have to pay him 1,000 euros: 160 euros for the day spent in a police cell and 120 euros for each of the following seven days at the detention center. The ministry must also cover 934 euros in legal costs.

This outcome contrasts with another recent case in which the Dutch courts refused to release a man awaiting his return to Morocco, notably because he refused to cooperate with his removal. Here, it is not the principle of returning to Morocco that invalidates the measure, but the way in which the authorities had justified the detention.