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Arrested? This you have to know!
(An example of a short legal aid explaination)
What to do when you get arrested: your rights in prison.
The legal support group will be standby during this action, you can reach them on this number:………………..
You are about to participate in a demonstration which might attract the police. So keep a close eye on each other, don't give in to police provocations, and try to stop them from snatching people. If people do get arrested make note of what they look like, where they are arrested, what happened, and pass this information on to the legal support group. If you do get arrested please be aware:
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You do not have to give them your name, regardless of what the police tell you. Even under the new ID-laws you still have the right to remain anonymous.
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NEVER MAKE STATEMENTS ABOUT YOURSELF OR ANYONE ELSE!!!!
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The police have to tell you why you have been arrested.
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When you have been arrested the police can detain you for six hours, search you and take your personal belongings. If you refuse to give them your name they can keep you for another six hours in order to establish your identity. The police are then allowed to take photos and fingerprints. The hours between midnight and 09.00 in the morning do not count.
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You are entitled to a lawyer of your choice, also before the interrogation, but you have to ask for this yourself! From the moment your lawyer gets informed by the police, he or she gets 2
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hours to come and see you. Don't fall for the cops' claims that they can't arrange a visit from your lawyer, don't settle for whatever lawyer happens to be on legal aid duty. Keep demanding to see your own lawyer!
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If you are suspected of a minor transgression they have to let you go after this six to twelve hour period. They might try to tell you differently and intimidate you, don't fall for that.
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Upon your release, please contact the legal support group!!! They need to keep track of how many people have been arrested and want to know if you have been released. They can give you advice about what to do if you have been issued a subpoena to appear in court.
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If the police suspect that you may have committed a criminal offence they might decide to keep you inside for another three days to investigate. This is called "in verzekering gesteld".
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If they want to keep you for longer they have to take you to a judge called "rechter commissaris" within this three day period, if they don't they have to let you go. They can extend your detention (called "voorarrest") with another ten day period, and after that with three more thirty day periods. Your lawyer can tell you more about this.
Some other notes:
- You are entitled to vegetarian or vegan food, and to medical assistance when necessary. The police might try to sabotage this, so keep demanding your rights.
- Women should only be searched by female officers, men only by male officers.
- You have the right to use a interpreter during interrogation.
- The cops don't necessarily follow the rules and might try to make your stay rather uncomfortable. They have been known to tell lies, don't believe everything they say.
- Hang in there and keep in mind lots of people are working to secure your release.
The lawyer for this action is: Mr.............................................................................................................
from: ....................................................................................................................................................... phone number:.........................................................................................................................................
Insist that you want to see her/him, if a legal aid lawyer sees you ask her/him to contact your own lawyer!!! Have her/his name and phone number and those of the legal support group with you at all times, for example by writing them on your body.
