Public Prosecution Service sees no reason to clear Drift 25

On 9 December, Utrecht University filed a report complaining of nuisance and demanding that the occupiers leave. The Public Prosecution Service, which is responsible for deciding whether to evict the protesters, states that it "understands that the occupations are very stressful for Utrecht University". Nevertheless, it sees no reason to intervene as "previous evictions have not prevented subsequent occupations." The spokesperson says that clearing the building "would not offer a sustainable solution", instead increasing the risk of "a serious disruption of public order".

In response, Utrecht University says it has been in consultation with the mayor, the police and the Public Prosecutor Service (also known in the Netherlands as "the triangle") since the occupation began. "Our joint wish is to prevent escalation and for the occupiers to leave Drift 25 of their own accord," said the university spokesperson. UU wants to ensure that 1,500 students can attend their lectures every day without having to relocate, which disrupts and, in some cases, leads to lecture cancellations.

"It's unacceptable that the protesters have been hindering other students from attending classes for so long," said UU President Wilco Hazeleger in a statement published on the University's Intranet. "We are also seeing signs of exclusion: banners have been hung on the building that colleagues and students find offensive. The damage is considerable. We stand by our students and staff and aim to be an open institution that welcomes diverse perspectives. Unfortunately, that is not what is happening at the moment, and we are being hindered in our legal duty to provide education."

The occupation has now lasted over a week. UU has decided to initiate civil proceedings in addition to consultations with the municipality and the Public Prosecution Service. On Thursday morning, the protesters were ordered to leave the building by Sunday at noon at the latest. If this does not happen, UU will take further legal action without notice, including initiating summary proceedings to seek the clearing of the building. If the court agrees, the likelihood of eviction will increase.

Parliamentary questions about the occupation
Yesterday, the far-right party PVV asked parliamentary questions about the occupation. The party referred to it as a “massive disruption to education”.

Several political parties mentioned the right to demonstrate in their election manifestos. The left-wing parties GroenLinks-PvdA (Green Left - Labour Party), Party for the Animals and the Socialist Party are against restricting freedom of demonstration. In contrast, parties on the right wing of the spectrum, such as BBB, VVD and JA21, want to deal firmly with those who disrupt order. JA21 even wants higher education to be “free of activism”.

Freedom of assembly does not need to be amended
At the request of the House of Representatives, the Scientific Research and Data Centre (WODC) looked into this issue. A report on the matter was published yesterday. According to the researchers, there is no need to amend the right to demonstrate in the Netherlands.

The authors write that the perception that protests often lead to riots and destruction is incorrect. "In the vast majority of cases, demonstrations are peaceful and cause little disruption."

The researchers acknowledge a few "bottlenecks", such as when demonstrators deliberately break the law. However, riots and vandalism do not fall under the freedom of demonstration and are therefore not protected by law. Protesters who commit criminal offences can be prosecuted, which does happen sometimes. For example, a student at the University of Amsterdam was sentenced to two months in prison after throwing sticks at the police during a pro-Palestine demonstration.

Careful consideration
Even the peaceful occupation of a university building can “count on the protection of the right to demonstrate”. The researchers emphasise that even if a few activists cause damage to the building, this does not mean that the entire protest should not take place. People who do not do anything wrong remain protected by the law.

"Protesting is part of our democracy and our university, of course," says the UU Rector. "There is room in our rules for peaceful occupations, as advised by the Study and Information Centre for Human Rights (SIM). Over the past week, we have continuously and carefully considered how best to protect various rights and responsibilities, including our staff and students' sense of security. A limit has now been reached following a prolonged, major impact. That is why we have filed a nuisance report."