Legal advice
General legal advice for non-violent civil disobedient actions
Bring nothing incriminating, or that the police could interpret as. Do not bring drugs, knives, scissors or any other bladed object or tool.
Bring your ID card.
Lock your phone with a code,or better: switch it off
Take something to drink and eat.
If you require medication, bring it with you.
When in contact with the police, remain calm and resist provocations.
In case of arrest... There are two types of arrest possible in Belgium:
Administrative arrest (max 12h) - the most likely type for this action
Judicial arrest (max 48h) - unlikely for this action
What will happen during arrest:
The police will take all your personal belongings and might body-search you. This will be done by a person of the same sex as the one registered on your ID.
The police might interrogate you. Do not give any statement! Anser “No comment” to all questions, including informal ones.
IMPORTANT Do not sign any document
You can ask for - and have the right to!:
water and food, toilet, medical assistance
legal assistance (before an interrogation)
PLEASE NOTE Not everyone can, or wants, to take significant risks during actions. That's fine. Getting arrested is NEVER the goal of our actions ! For more general legal advice, read this hand-out.
Legal risks of ‘Freeze’ in the public space
Gathering remains prohibited during containment but the legal risk of ‘freezing’ in the public space with a group is low if:
physical distance is respected and face masks are worn
there is no material damage
The police may react to your freeze actions by:
dispersing you (asking you to move or using force to make you move)
administratively arresting you with the accusation of disturbing the public order
giving you an administrative (SAC) fine (max 350€) and/or a covid-fine (250€)
!! We will always contest or crowdfund to pay fines together. You will not be alone!! Legal risks of 'freeze' on a road
Same risks as above BUT
If they accuse you of endangering others (drivers, bikers, etc.) willingly, a severe sanction could be applied that could lead to lengthy and difficult legal proceedings.
IMPORTANT: don’t block a road in such a way that it creates a danger!
Advice for road blockades:
Be prepared: don’t block a road if you haven’t made a plan beforehand!
Use pedestrian crossings: walk on the road at green light and stay on the street when it turns red.
Make sure cars can (slowly) leave, for instance by keeping one lane open.
Always make space for emergency services.
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