Based on the International Crimes Act of June 19 of 2003, an application for an arrest warrant against Ami Ayalon, minister without portfolio, was filed in October 2008 for torture. By the time the prosecution sought to establish whether or not he enjoyed immunity, Mr. Ayalon had left the Netherlands.
On 19 May 2009, the Dutch Officer of Justice (the prosecutor) requested from the College of Attorney-General an advisory opinion concerning the question of the immunity of Ayalon from prosecution under Dutch criminal law due to his ministerial position. In response to this request, the advisory opinion was delivered on 21 May 2009, stating that Ayalon does not enjoy diplomatic immunity. By that time, Ayalon was no longer in the Netherlands and there was no indication that he would return to the Netherlands within any given time. Consequently, the Officer decided that there was no reason to call for a criminal investigation against Ayalon. Al-Shami appealed the decision. On 28 October 2009, the Court of Appeal published its decision to dismiss the appeal against the Officer of Justice’s ruling.