Human rights watchdog says UK ‘risks over-policing’ Palestine Action protests in warning to home secretary
The Home Secretary has been warned by Europe’s human rights watchdog that Britain “runs the risk of over-policing” Palestine Action protests.
Michael O’Flaherty, the Council of Europe’s commissioner for human rights, asked the government to ensure that anti-terrorism laws “do not unnecessarily restrict the freedom of peaceful assembly”.
He also called for a comprehensive review of the UK’s protest legislation following a series of recent and upcoming changes to impose tighter restrictions on demonstrations to ensure they comply with international human rights law, including the European Convention on Human Rights.
This follows the arrest of 2,000 people in a series of major protests against the decision to designate Palestine Action as a proscribed terrorist organisation.
Hundreds of peaceful protesters carrying banners supporting the direct action group were removed by police and face possible charges under the Terrorism Act for defying the controversial ban being debated in the High Court.
In a letter to Shabana Mahmood, Mr O’Flaherty said: “I observe that a number of arrests have been made for displaying banners or banners expressing solidarity with the organization or opposition to the government’s decision to ban the organisation.
“I am aware that ‘supporting’ a proscribed group is an offense under the Terrorism Act 2000.
“In this context, I recall that domestic legislation designed to counter ‘terrorism’ or ‘violent extremism’ should not impose any restrictions on fundamental rights and freedoms that are not strictly necessary for the protection of national security and the protection of the rights and freedoms of others, including the right to freedom of peaceful assembly.
“I ask the government to take all necessary steps to ensure that police response to protests complies with this and relevant legal principles.”
The commissioner warned of changes following the passage of the Police Offense, Sentences and Courts Act 2022 and the Public Order Act 2023, which give police greater powers to impose conditions on rallies and impose “undue restrictions” on freedom of assembly and “risk on police activities”.
He also expressed concern about proposals in the Crime and Policing Bill currently being debated in the House of Lords that would criminalize protesters wearing face masks and give police powers to restrict demonstrations near places of worship.
Mr O’Flaherty said face coverings should not be banned in cases where “there is no demonstrable evidence of imminent violence”. He also warned that the term “near” was not clearly defined and demonstrations risked being banned in large parts of cities and towns.
His intervention comes after Ms Mahmood announced earlier this month that police would be given greater powers to restrict repeated protests after 500 people were arrested at a demonstration in Trafalgar Square despite calls for a delay from police and the prime minister.
Repeated large-scale protests following the Manchester synagogue attack have caused “significant fear” for the Jewish community, the home secretary has said.
“The right to protest is a fundamental freedom in our country. However, this freedom must be balanced with the freedom of its neighbors to live their lives without fear.
“Large, repeated protests can leave parts of our country, particularly religious communities, feeling unsafe, intimidated, and afraid to leave their homes.”
But organizers Save Our Juries have responded by promising “huge tension” in their campaign to overturn the Palestine Action ban ahead of a Supreme Court legal challenge on 25 November.
A spokesman for the group said it was “incredible” that the home secretary had responded to condemnation of the ban with more pressure.
“This confirms what we have warned about from the beginning: banning Palestine Action was never about one group; it is a dangerous, authoritarian escalation that threatens the right to protest for everyone in our country,” they added.
