UK ban on Palestine Action unlawful, High Court judges rule in stinging rebuke to Shabana Mahmood
The Supreme Court issued a harsh rebuke to the Minister of Internal Affairs in a dramatic ruling that it was illegal to ban Palestine Action as a terrorist organisation.
Judges ruled the ban was disproportionate, putting the protest group in the same category as groups such as the Islamic State.
Home Affairs Minister Shabana Mahmood immediately announced her plan to appeal the court’s decision.
Huda Ammori, founder of Palestine Action, said: ‘This is a monumental victory both for our fundamental freedoms in Britain and for the Palestinian people’s struggle for freedom, and is a decision that will forever be remembered as one of the most extreme attacks on freedom of expression in recent British history.’
The group was banned on July 5 last year following a series of high-profile violent protests, including criminal damage to a UK-based defense company that produces weapons for Israel.
Being a member of the group or showing support for it has become a crime punishable by up to 14 years in prison.
More than 2,000 people were subsequently arrested, including priests, teachers, pensioners, retired British Army officers and an 81-year-old former judge.
Around a hundred people gathered outside the High Court building in central London, cheering and chanting ‘Free Palestine’ as the verdict was announced.
Palestine Action co-founders Richard Barnard (left) and Huda Ammori (right) win their appeal against their group’s ban
Supporters of the group celebrated the decision outside London’s High Court
Some held banners reading ‘Long Live Cooper’, a reference to former Home Secretary Yvette Cooper, who enforced the Palestine Action ban
Supporters of Palestine Action gathered at the Supreme Court
A protester dressed as the Grim Reaper outside the court where judges ruled it was illegal to ban the Palestine Action
Home Affairs Minister Shabana Mahmood said she was disappointed with the court’s decision and plans to appeal the decision
In their ruling, three judges, led by Dame Victoria Sharp, said banning the group was a ‘very significant’ interference with its members’ right to protest under Article 11 of the European Convention on Human Rights.
They said the Home Secretary misapplied his own policy when deciding to ban the group.
According to this policy, the organization would have had to consider the specific threat it posed to the United Kingdom; Instead, he had to rely on the additional ‘advantage’ that the ban would give the police extra power to disperse the group.
The judges went further, publicly rebuking the Home Secretary and ruling that banning Palestine Action was ‘disproportionate’.
‘The Palestine Movement is essentially an organization that supports its own cause. “Political purpose through incitement of criminality and delinquency,” they said. ‘A very small fraction of their actions amounted to acts of terrorism.
‘For such acts, regardless of the prohibition, criminal law exists to prosecute those involved. ‘If those involved are convicted, they face the possibility of serious punishment, which will be a significant deterrent to others.’
However, the judges added:: ‘Plaintiff…attempted to portray Palestine Action as a ‘non-violent’ organisation. This is not a sustainable proposal.’
The court has previously heard that the Palestine Movement has an ‘Underground Guide’ which provides guidance to members on how to cause maximum disruption.
judges He said: ‘This includes an open invitation to individuals to come together and form groups. committing criminal acts of harm. This is not limited to just symbolic actions.
‘Palestine Action encourages readers of The Underground Handbook to “get creative” and “prevent or destroy harm” to targets without restriction.’
Despite the decision, the ban will remain in place to give the Government time to consider the appeal.
Home Affairs Minister Ms Mahmood announced her decision to fight immediately, saying: ‘I am disappointed with the court’s decision and disagree that proscribing this terrorist organization is disproportionate.
‘The ban on Palestine Action followed a rigorous and evidence-based decision-making process approved by Parliament. The ban does not prevent peaceful protests in support of the Palestinian cause, another point with which the Court agrees.
‘Home Ministers must retain the ability to take action to protect our national security and ensure the safety of the public. ‘I plan to challenge this decision in the Court of Appeal.’
At a judicial review hearing in November, Ms Ammori argued the ban was a disproportionate interference with her rights to freedom of expression and protest.
He claimed the group was in an ‘honorable tradition’ of direct action and civil disobedience.
The Interior Ministry said the purpose of banning the group was to disrupt its “pattern of escalating behavior” and that it “does not prevent people from protesting in favor of the Palestinian people or against Israel’s actions in Gaza.”
Tom Southerden of Amnesty International said: ‘Today’s verdict is a vital affirmation of the right to protest at a time when it is under sustained and deliberate attack.
‘The Supreme Court’s decision sends a clear message: The government cannot have sweeping counter-terrorism powers to silence critics or suppress dissent.’
