Arrested? You should know this!
Information for who has been arrested on May 7th in anti-Pegida actions.
There is a chance that you will be arrested. Protesting and voicing your horror of racism and fascism is not forbidden. But the police can instruct you to leave. Refusal of police instructions may be seen as a violation, for which they may take and hold you for some time. The police can also tell you that, for example, you have to stop making noise through Pegida’s speeches. They might also arrest if you refuse to stop making noise. These kinds of cases are violations, in legal terms. So they can arrest and/or fine you for it. Usually you will be released the same day.
The police can also try to blame heavier things on you like public violence. The latter is not a violation but a criminal offence, and for that reason they may hold you longer. That you are innocent is not a guarantee that you will not be arrested. Therefore, for those who really want to come near Pegida (what the police will probably not allow) and for those who want to take into account all risks and situations, some more information. Do not be put off by this: hopefully you do not need it yourself on May 7th. But the better we have informed you, the stronger we all stand. Take the time and read the text below as well.
There is an Legal Support Group (‘Arrestantengroup’ or AG) to assist people in case of arrest. The arrest group can be reached on the number: 0622312330 by telephone from Saturday 6th of May. Call the AG if you are arrested, then we will manage things for you and contact you when you are free! Do you ever want to contact us before the 6th e-mail us at firstname.lastname@example.org
The lawyer you can ask for is: Milan van Hulst van Sticht Advocatuur Utrecht
Prepare as many things as possible beforehand; Such as having adequate medication with you, making sure care of pets is arranged etc. Preferably, you should notify the arrest group via email@example.com
Write the name of your lawyer and the number of the AG somewhere on your body with a marker.
If you are arrested: what can they do, what are your rights?
Do not be scared of all the things you read below. These are all possibilities to prepare you for eventual problems and it is certainly not the case that the police hold you for more than a few hours if you were just at the demonstration or just did not leave immediately when the police asked.
1. You have the right not to say your name. Even after the mandatory ID-law has been introduced, you still have the right to remain anonymous; This has advantages (avoiding punishment and they can not map networks) but also disadvantages (they can hold you longer).
2. NEVER DECLARE ANYTHING ABOUT YOURSELF OR ABOUT ANYONE ELSE! They are not talking to you for a friendly conversation between people, but to discover information about you and about others. The more you tell, the greater the chance of conviction and punishment. Ask why you are arrested, ask your lawyer and do not declare anything else.
3. The police are obliged to tell you for what reason or offence you have been arrested.
4. You have the right to see your own lawyer (Milan van Hulst), but you have to ask for it yourself! Always ask your lawyer for his business-card! Before the police will interrogate you, you should be given the opportunity to speak with your lawyer. From the moment you have asked for your lawyer and informed, he or she must have 2 hours to come and visit you. Do not accept a police lawyer or let yourself be told that they can’t arrange this or that it will cost you money. Even if they divide a dummy advocate, ask that attorney for your own lawyer and do not tell the spokesperson anything. In case you are subsequently insured, you can speak with your lawyer again. You have to ask for your own lawyer again. If you do not, you will be assigned a dummy attorney. Your attorney goes to trial. Consult your lawyer to what extent you find this useful.
5. If you are arrested, the police can hold you for an offense or a crime for 9 hours, search you and take away all your personal stuff. If you do not call your name, you do not show your ID card or do not have it, the police can hold you for another 6 hours to investigate your identity. The police are then entitled to take photographs and fingerprints (Note: the time between 12 o’clock at night and 9 o’clock in the morning is not included). They will hold you up to 9 + 6 + 9 = 24 hours. This counts from the moment you are logged in at the police station, so not when you are arrested. They may tell you other things, so don’t be intimidated.
6. After 24 hours the police can decide to let you go. They can also hold you longer for heavier charges. This is called ‘being take into insurance’. This will take up to 3 days and 18 hours. Sometimes, however, the prosecutor asks for an extension of the insurance incarceration. If that request is accepted, there will be a maximum of 3 days on top of this period.
7. Do they want to hold you for longer, then you must be brought to trial by these three days and 18 hours. Otherwise you have to be released. The arrest can be extended a number of times. Your lawyer can inform you further.
8. If you are released, contact the arrest group. They want to know how many people have been arrested and would like to know when you are out. They can advise you, among other things, about what to do with a possible prosecution. If you get items back, the police will ask you to sign for this. You do not have to worry about anything.
Some general points:
– The lawyer requests him to ask only if you are unsure about what to do. The general advice is to declare nothing, to sign nothing and to deal with any legal issues later.
– You are entitled to vegetarian / vegan food and medical assistance if necessary. Claim this. The police might be reluctant to help you, especially if you stay anonymous. Be resilient and support each other in the demands of these kinds of things. Together you are strong! Women can only be searched by female cops, men only by men.
– You have the right to an interpreter at the trial.
– The police might not respect the rules and might make your stay very unpleasant.
– Stay strong and realize that people are busy getting you free.