According to the Council of State press release:

The State Secretary for Justice and Security has been ordered by the Council of State to pay compensation for a woman, Russian applicant, whose asylum application was rejected and she was deported to Russia where she was subject to arrest, assaults and rape. The sum for the damage is to be decided in a separate procedure before the Amsterdam District Court.

In fact, the Russian women had unsuccessfully applied for international protection in 2010 and 2013, and in her third application dated 2014, she claimed the risk of being arrested and mistreated if returned to Russia and submitted seven pieces of evidence to sustain her allegations. However, the State Secretary rejected her application, and she was further deported for Russia where she was immediately arrested, assaulted and raped during imprisonment. The woman considered the State Secretary liable for the damage she suffered as a result of the negative decision and return to Russia.

The State Secretary, on the contrary, argued that the negative decision on her third application was reviewed by the first and second appeal instances and it was not established to have been unlawful. In the judgement, the Council of State concluded that the State Secretary must pay the compensation for the damage despite the fact that the decision of the State Secretary was lawful. The Council found that in this specific case the State Secretary misjudged the risk of violation of fundamental rights since the woman was detained, assaulted and raped immediately after being deported.

The Council held that this specific misjudgment in this particular case must be borne by the State Secretary despite court’s assessment of the decision as lawful.