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Legal Information

What you should know if you get arrested

First of all, if you' re going to an action or are going to be evicted make sure you have no identification or other papers/cards where they can find out your name (e.g. stuff containing addresses) with you or in your house.  Make sure they are in a safe place before the eviction/action.  Write the name and telephone-number of our lawyer on your arm.

When you get arrested there are three possibilities:
1- You are set free after a short time (in the best situation)
2- You are charged to do with the action. (realistic situation)
When you've been arrested you are taken to the police station.  If there are many Dutch people in the group, then don't talk, so that the police don't find out you're a foreigner because you all keep silent.  You are taken to the main desk, where you are searched.  Your personal things will be taken from you: belt, jewellery, tobacco, money, shoe laces.  You'll get these back when You're SCt free.  The police will ask for your name and address.  You do not have to answer, and they should tell you this.  Then you will be taken to a cell.  After some time they will fetch you for QUESTIONING, normally by two police officers.  They will ask you many different questions, and ask you to make a statement.  Again you do not have to say anything.  If you keep your mouth shut this will not take long.  A "HULPOFFICIER VAN JUSTITIE" will come along to ask you more questions.  Still don't say anything!!!  He will probably give you a document saying that they are going to keep in you during their investigation.  During the first 6 hours they will probably take your picture and fingerprints.  In total they are allowed to keep you in for 6 hours, or 12 hours if you don't give your name.  The hours between 24:00 and 6:00 don't count, during this (night)time they are not allowed to question you.

If the HULPOFFICIER decides to hold you for a longer period, you are placed in custody.  Now they have to have some formal charges against you, which they should show you (on paper).  After the first 6 hours you can ask for a lawyer.  They might give you a lawyer chosen by the state.  Don't talk to him/her, ask for your own lawyer (show them the phonenumber written on your arm).  The people who organised the action should have provided one, and you should always ask the name and telephone number before taking part in any action where you might get arrested.  When your own lawyer shows up, he can tell you more about what's going to happen.  So don't panic, wait for your lawyer and listen for the Solidarity demo that will probably take place outside by your fellow activists.  Don't be intimidated.

If the police think that you might be under 18 years old they can send you to the youth and vice police.  This means they can hold you for a longer time while they are looking- for your relatives or guardians.  They will probably try to bully you.

If they think that you have commited a serious crime they can hold you for much longer.  For example:
3 (+3) days + 10 days + 3x30 days.

For foreigners: this section is based on experiences over the last couple of years.  Migration-laws and regulations are changed regularly and we didn't find time to check out everything.  We don't know about the risk of losing your staying-permit (if you have one) after being charged with "serious crimes" like being a member of a criminal Organisation (art. 140) and we don't know much about the status of EU-citizens.  We also don't want to treat you like children, it's your choice to go to an action or not, think for yourself about the risks you want to take.  So, this is what we know about what can happen when... 

3- you end up in the foreigners police procedures (worse thing that can happen)
In this case, prosecution for relatively light offences in Holland doesn't happen, now your worst'crime' is being a foreigner.  If this happens you should ask for the other lawyer, the one for foreigners (VREEMDELINGENPIKET).  They can keep you in a police cell for up to ten days, then they can transfer you to an deportation -prison. The immigraton service wants to evict you from the country.  If you decide to give your identity, they will evict you as soon as they have a travel document to your country.

If you have not been registered before, then remember from this moment on you'll be registered and this may make it difficult to come back to western Europe in the future.  They might put a stamp in your passport.  Always think about if you have any problems with the police or judge back home, before you decide to tell them your name or nationality!  Remember that the police his the right to take your fingerprints at an early stage.  If you are already registered because of getting a permit to stay in the Netherlands, they can check out your name and country of origin.  If you don't want to be kicked out of the country, (but this is not a guarantee!) don't give your name or nationality.  Remain nameless (NN).  Try not to let them find out where you're from.  Speak Dutch or another Western European language, or don't speak at all. If' they suspect you're from. a country outside the European Union, they can hold you for several months.  Legally they can keep you for an unlimited time, all they have to do is to once a month show before a court, that they are still working on sending you out of the country.  In reality they keep people for 6 months up to one year, only showing them to a few embassies.  Because the conditions in prison might be much better than what you're used to in Your home country, sometimes people decide to stay in prison in Holland, rather than go along with deportation.

You may be transferred to an deportaton prison, like Ter Apel.  Either you will eventually be released, if they don't know where you come from, or they will keep you for longer.  Maybe then you w ill think about giving them your name.  If you do they will deport you on the condition that the country they want to send you to wants you.  They may also just send you out of Holland, back to the country through which you entered Holland (Belgium, Germany, England).  Sometimes they'll just put you out on the street with a letter telling you to leave Holland within 24 hours.

Den Haag Arrestants Group

A legal support group will be set up for the duration of the climate summit. Numbers for local friendly lawyers will be available.                                                            



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