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Home Secretary has been warned by Europe’s human rights watchdog that Britain is “risking over-policing”. Palestine action protests,
Michael O’Flaherty, Human Rights Commissioner at the Council of Europe, has called on the government to ensure anti terrorism law “Do not unduly restrict the freedom of peaceful assembly”.
He also called for a comprehensive review of UK protest law following recent and upcoming changes that impose tighter restrictions on demonstrations to ensure they comply with international human rights laws. European Convention on Human Rights.
This comes after 2,000 people were arrested in a series of mass protests against the decision Designate Palestine Action As a banned terrorist organization.
Hundreds of peaceful protesters carrying placards in support of the Direct Action Group were dispersed by police and face possible charges under the Terrorism Act for violating the controversial ban, which is being challenged in the High Court.
In a letter to Shabana Mahmood, Mr O’Flaherty said: “I have observed that a large number of arrests have been made for allegedly displaying placards or banners expressing solidarity with the organization or dissenting from the government’s decision to ban it.
“I am aware that ‘support’ for a proscribed group is an offense under the Terrorism Act 2000.
“In this regard I recall that domestic legislation designed to combat ‘terrorism’ or ‘violent extremism’ should not impose any limitations on fundamental rights and freedoms, including the right to freedom of peaceful assembly, which are not strictly necessary for national security and the protection of the rights and freedoms of others.
“I call on the Government to take all necessary steps to ensure that the policing of protests is consistent with this and related principles of law.”
The commissioner warned the changes following the adoption of the Police Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 – which gave police greater powers to impose conditions on rallies – would impose “excessive limits” on freedom of assembly and “risk over-policing”.
He also raised concerns over proposals for a Crime and Policing Bill currently before the House of Lords, which would criminalize protesters wearing face coverings and give police powers to restrict demonstrations around places of worship.
Mr O’Flaherty said face coverings should not be banned where there is “no clear evidence of imminent violence”. He also warned that the term “surroundings” was not clearly defined and there was a risk of demonstrations being banned in large parts of cities and towns.
His intervention comes after Ms Mahmood earlier this month It was announced that the police would be given more powers Repeated protests to be banned after 500 people were arrested at a demonstration in Trafalgar Square, despite calls from police and the Prime Minister to postpone.
The Home Secretary said repeated mass protests in the wake of the Manchester synagogue attack have caused “a lot of fear” for the Jewish community.
He said, “The right to protest is a fundamental freedom in our country. However, this freedom must be balanced with the freedom of their neighbors to live their lives without fear.”
“Large, repeated protests may cause certain sections of our country, particularly religious communities, to feel unsafe, intimidated and afraid to leave their homes.”
However, organizers Defend Our Juries responded by promising a “major increase” in their campaign to lift the ban on Palestine action ahead of a High Court legal challenge on 25 November.
A spokesman for the group said it “undermines confidence” that the Home Secretary responded to condemnation of the ban more strongly.
He added, “It confirms what we have warned all along: The ban on Palestine action was never just about one group – it is a dangerous, authoritarian escalation that threatens the right of everyone to protest in our country.”