The lawyers say they have indications that the entry ban has to do with their work. In a reaction, two other lawyers, who assisted terror suspects in an ongoing terrorism process, filed the defense this week. In this way they want to prevent an entry ban.
Foreign minister Stef Blok has meanwhile asked the US State Department to explain the reports, the Volkskrant reported on Friday. “It is of great importance that lawyers can do their jobs independently and defend suspects,” he said. “At the same time, I must acknowledge the fact at every country is free to set its own rules for admitting foreigners.”
The Dutch Bar Association and the Association of Criminal Lawyers expressed their grave concern about the situation. “A border has clearly been crossed,” says Johan Rijlaarsdam, dean of the Dutch order. “If lawyers can no longer do their work because of fears of a re-entry ban, that is unacceptable.”
Rijlaarsdam said in a blog posting: “If the Americans are trying to make the job of a lawyer more difficult or impossible, they are seriously damaging the rights of the individual.”
The US has also revoked the visa for the prosecutor of the International Criminal Court (ICC), which is based in The Hague. The decision is thought to be in response to an investigation into possible war crimes by American forces and their allies in Afghanistan. The US had warned it might refuse or revoke visas to any ICC staff involved in such probes.
On Thursday two lawyers pulled out of one the Netherlands’ biggest terrorism cases because they fear that their involvement will negatively impact their visa status the US. “I do not want to be limited in where I travel,” one told broadcaster RTL Nieuws. “If I continue with this criminal case, there is a real risk this could happen.”
Lawyer Serge Weening, who is working on the same terrorism case, earlier this week went public with claims that his application for an ESTA permit and a visa both were refused. Weening is involved in the defense of the alleged Arnhem terror cell which, according to the Public Prosecution Service, wanted to commit an attack on an event in the Netherlands Weening hd applied for an ESTA permission at the end of February to go to Miami with his girlfriend, but was rejected three days later. His girlfriend was admitted however.
A colleague of Weening withdrew as the legal representative for the alleged Arnhem terror cell. He did not want to explain his decision to the newspaper. “But believe me that I did not make this decision lightly,” he said.
The Volkskrant also reported that lawyer André Seebregts was refused a visa a month ago to travel through the US together with his family. The American embassy in Wassenaar would not comment on the case.