The detainee on the main photo is not the person who is still in custody.
"She is supposed to have said 'fuck the police'," the lawyer says. “That may not be proper language, but it is not punishable.” In a press release he sent out, he elaborates on a precedent from 2015: "You expect this arrest in today's Russia, not in our democratic society. In 2015, the man who shouted 'fuck the king' was not prosecuted. After much public outcry, the Public Prosecution Service acknowledged that he had been wrongly classified as a suspect. 'Fuck the king' falls under the freedom of expression, the Public Prosecution Service also acknowledged. It is crazy that you can say this to the king, but apparently not to the police.' According to Jebbink, this deprivation of freedom is therefore a violation of the freedom of speech.
“It is very serious that you are incarcerated in the Netherlands for such an accusation,” says Jebbink about the accusation. The spokesman for the East Brabant police department confirms that that person is incarcerated for insulting and because she does not want to identify herself. The lawyer does not want to confirm the latter.
Meanwhile, quite some people on social media are demanding the release of the student. The lawyer has urged the examining magistrate in Den Bosch to assess the case urgently. Though, this is not yet possible because the police and the Public Prosecution Service have not yet sent the files. This will have to be done quickly, because someone who has been arrested has the right to see a judge for a review of the legality of the detention within 3 days and 18 hours of the arrest. This legitimacy test takes place with the examining magistrate.
It is not the first time Jebbink defends a case like this: “I often assist protesters. These arrests affect the right to protest and that of freedom of expression.” The other two students arrested at the demonstration on the grounds of ‘trespassing’ and failing to leave after a claim to leave have been provisionally released. The Public Prosecution Service is still looking into their case to see whether they can also be prosecuted. “If I were them, I would look for good legal assistance,” Jebbink advises the students.
In the Eindhovens Dagblad, the Executive Board of the TU/e expresses - only about the three arrests during the demonstration - its regret that the arrests had to be made and says that it feels sympathy for the fact that the students want to quickly make the world more sustainable.
Friday afternoon, Cursor received word that the student has been released, pending her possible prosecution.