Recognize disproportionate violence
Can you tell when violence is disproportionate?
The rules regarding the use of force are found in police law (Politiewet) and in the official instruction (Ambtsinstructie). These state that force must be necessary and proportionate and must serve a lawful purpose. We explain these three words:
Ese of force to enforce a confession or to "teach a lesson" to an arrestee is prohibited.
If it can be done without violence, violence is prohibited. The mouth is the main weapon. De-escalation is mandatory. Law enforcement officers must also not use more force than necessary. For example, police may not strike 3 times when once is enough.
The force used must be proportional to the incident. Police may not shoot you if you stole a loaf of bread from the bakery.
Click below on the type of violence you want to learn more about:
There are no rules in the official instruction on the use of physical force: a kick, a punch or a choke hold. Therefore, the general rules (force must be necessary and proportionate) are the main pointers.
Example: the police may not hit you if you are not a threat.
If you are stopped, you can be handcuffed sometimes. Law enforcement officers may only put handcuffs on you if they have reason to think you are going to flee or for their own safety.
Example: law enforcement officers may not handcuff you if you cooperate peacefully.
The truncheon may be used if you are not cooperating with an arrest or if you are interfering with a law enforcement officer's work. The police work with an extendable truncheon. This is made of steel and – when extended – is over 50 cm long. Hitting with this stick is not without risk and gives a high chance of injury. When the ME acts, officers carry a long truncheon. A police officer should not strike more often than strictly necessary. If two blows are enough and an officer gives three, that is not allowed. Hitting vulnerable body parts (such as the head) is in principle never allowed.
Example: the police may not use the truncheon in any case if you are already under control.
In large-scale disturbances, the police may use the water cannon to disperse the crowd. This is allowed only if lighter means don’t work, the police warns and there is enough room to get away. Police may not target individuals but can only use the water canon to break up a crowd.
Example: police may not spray you against a wall.
The Taser, a power electrick shock weapon, can be used to arrest you if you are carrying a weapon or if you are not cooperating with your arrest. The taser has been used by specialist police teams for years. After a pilot in the Amersfoort and Zwolle base teams and the Rotterdam police dog brigade, it was decided that all officers working on the street will be issued a taser starting in 2022. The introduction of the taser is based on spurious arguments, TV program Medialogica showed.
The taser can be used in two ways: from a distance (in arrow mode), as well as directly on the body (shock mode), delivering intense pain blows. The current rules on the use of the taser do not comply with international human rights, according to Amnesty International.
The taser is a risky weapon, especially when used against people with mental and physical problems. Yet the use of the taser is not strictly limited to avert the threat of serious injury: according to the official instruction the taser may already be used if a person does not cooperate with an arrest. Moreover, shock mode is not prohibited even though it involves a significant risk of cruel, inhuman and degrading treatment.
Example: in our opinion, the police may not taser you if there is no threat of serious injury.
The police dog may be used if you are carrying a weapon and to apprehend you if you are a suspect of a crime. In addition, the police may use the dog to prevent gatherings: this is only allowed if the crowd is a threat to safety. The dog must remain on a leash.
The television program Zembla showed that police dogs listen poorly to their masters. For example, they do not immediately let go when the dog handler gives the command. Moreover, according to experts, the rules for deployment of the police dog are so broad that the dog may already be deployed if you steal a roll of licorice from the store.
Example: in any case, the police dog may not be led into the car to get you out.
By law, officers may shoot at you if you are carrying a firearm yourself or if the police think you are going to use life-threatening force against someone. Officers may also shoot you to apprehend you if you are suspected of a violent crime and you are trying to evade arrest.
These rules violate international conventions and human rights, according to Amnesty International. The "shooting for arrest" in which the officer aims for the legs should also be seen as potentially lethal force. A shot to the leg can lead to death from blood loss within minutes. Moreover, a shot aimed at the leg may unintentionally hit other parts of the body. According to human rights, a firearm may only be used if there is an imminent threat to life or a risk of serious bodily harm.
Example: according to us, the police may not shoot you if you have your hands in the air.