The Muslim News - Liberty launches High Court action to protect right to protest

Issue 173, Friday 26 September 2003 - 29 Rajab 1424

Liberty launches High Court action to protect right to protest

By Elham Asaad Buaras

Civil rights campaigners have won a full hearing at the High Court into the police use of anti-terrorism powers at Europe’s largest arms fair in London.
A demonstrator backed by campaign group Liberty won judicial review of the police action and Home Secretary David Blunkett’s role in the controversy.
Police arrested 144 people at or near the Defence Systems and Equipment International (DESI) arms show in London's docklands, a display of high-tech weaponry that attracts buyers from around the world.
Police said they had chosen to use the sweeping powers of the anti-terror legislation because of the high level of threat.
However, Liberty argued that the use of the terror law was unjustified because there had been no imminent threat to a specific location.
Speaking to The Muslim News a Liberty spokesman said, “We are seeking a judicial review of the decision by the Metropolitan Police to use anti-terrorist legislation against protesters at picketing the arms fair in London’s docklands. Liberty has also agreed to represent any protesters arrested under this legislation.”
Liberty solicitor, Mona Arshi, said, “The Home Secretary gave a clear undertaking to the House of Commons that section 44 notices would only be used where there is good reason to suspect terrorist activity. The people in docklands are legitimate demonstrators and it is quite shocking they are being treated as potential terrorists. We will do everything in our power to protect the right of every citizen to peacefully protest.”
Responding to allegations of excessive force by the police, Deputy Commissioner, Andy Trottor, said the police operation had been “very patient, very sensitive and very low key” but Liberty Director, Shami Chakrabati, said, “The Government has failed to learn from its mistakes. After the original ‘snoopers’ charter’ was published last year, the Government was forced to retreat after enormous public outcry. We hope the same happens again. Such groups as the Charity Commission, the Gaming Board and the Postal Services Commission will now be able to use agents and informants to carry out investigations. Why? This underlines the uncomfortable fact that the British public are the most spied upon people in the Western world.”
The arrests follow an investigation by Liberty into the policing of peace demonstrations at RAF Fairford, Gloucestershire, during the recent invasion of Iraq. Their investigation revealed fundamental breaches of the European Convention on Human Rights.
It has found there was a clear policy of using anti-terrorism laws to prevent citizens taking part in legitimate protest.
At its most extreme, an anti-terrorist order was served on an 11-year-old girl (her father is now seeking legal redress) and a coach load of demonstrators was ‘kidnapped’ by police (also the subject of a legal action).
The investigation has discovered that the combined cost of policing the protests against a possibly illegal war was in excess of Ł7m. The Gloucestershire constabulary spent Ł3.26m. The Ministry of Defence police Ł3.79m. Between March 1, and April 30, the number of people arrested at RAF Fairford was 61. Of these 27 were subsequently charged with public order (but not terrorist) offences. Not a single terrorist was detained.
Now a number of MPs, including Liberal Home Affairs Spokesman, Simon Hughes, and Labour MPs David Drew, Lynn Jones and Neil Gerrard, are asking why the Home Secretary told Parliament that the Terrorism Act 2000 was not being used to prevent protests at Fairford despite evidence that dozens of protesters had been stopped and searched under section 44 of the Terrorism Act?
Liberty is calling for a House of Commons Select Committee on Home Affairs to investigate why powers under the Terrorism Act were used against peaceful protesters. In particular it would like to know the extent to which policing policies were dictated by Cabinet, the Home Secretary and the US armed forces.
Liberty is also giving its full support to the protesters, currently seeking legal redress for the manner in which they were treated.
In a statement to The Muslim News, a spokeswoman for Gloucestershire Police said, “We are aware of the Report but are not currently in a position to comment for legal reasons.”