Ngudjolo felt compelled to apply for asylum when the Dutch authorities unlawfully deprived him of his liberty on 21 December 2012, after his acquittal by an ICC Trial Chamber and an order for his immediate release by the ICC Appeals Chamber pending appeals proceedings in his case.
The Dutch authorities were about to deport him to Congo, when mr. Ngudjolo saw no other option than to apply for asylum.
On 3 May 2013 a Dutch court ordered that mr. Ngudjolo had been unlawfully detained by the Dutch authorities, because the latter had not been able to rule on his asylum application within the deadline prescribed by law.
In addition to an order for his immediate release, the Dutch court also ordered the Dutch state to pay to mr. Ngudjolo monetary compensation of close to 2400 E for time unlawfully spent in detention.
In total, mr. Ngudjolo has spent four and a half months in detention, after the Appeals Chamber ordered his immediate release on 21 December 2012 and while it was clear to every reasonable observer that -leaving aside his asylum application- mr. Ngudjolo’s presence in the Netherlands would be required pending the appeal proceedings in his case.
Counsel for mr Ngudjolo in Dutch proceedings, mr Schüller and mr. Sluiter, are at present preparing a criminal complaint related to the abduction of mr. Ngudjolo when he was supposed to be released from the ICC Detention center, on 21 December 2012, which will be filed with the Dutch prosecution service.