LONDON: Protesters arrested under the UK’s Terrorism Act for supporting the banned group Palestine Action should not be prosecuted while there is a legal challenge against the ban, rights groups have told the government.
Organizations including Greenpeace and Human Rights Watch sent a letter to Lord Hermer, the attorney general for England and Wales, urging the delay in prosecutions, The Guardian reported on Friday.
More than 500 people, half of whom are aged 60 or older, were arrested at a London demonstration last weekend under Section 13 of the Terrorism Act, which prohibits public displays of support for proscribed groups.
Proceeding with prosecutions amid a judicial review into the ban on Palestine Action would raise significant legal and moral questions, said the letter, which was also signed by Friends of the Earth, Global Witness and the Quakers. The review is expected to be heard in November.
Lord Hermer must act “in the public interest” and take decisive action over the question of prosecution, the letter said.
Rather than the Crown Prosecution Service having decision-making powers over the prosecutions, the attorney general can decide the appropriate course of action on cases falling under the Terrorism Act, it added.
Most of those arrested at the London rally were bailed, but at least 10 protesters have been charged.
In their letter, the rights group said no one else should be charged, and those who have should not be prosecuted before the findings of the judicial reviews, which could overturn the ban on Palestine Action.
Co-executive director of Greenpeace UK, Areeba Hamid, said: “Hundreds of people are facing potential prison sentences for sitting quietly holding placards. It isn’t difficult to see why this could be a disproportionate restriction on people’s freedom of expression, and why so many legal experts have expressed their concern at the government’s decision to extend their definition of terrorism in this way.
“We urge the attorney general to approach the matter with care and some caution, and not prejudge the outcome of a judicial review which could fundamentally change the legal position of these protesters.”
The British judge who granted permission for the judicial review feared that those charged with criminal offenses under the Terrorism Act might individually challenge the Palestine Action ban’s legality when tried.
This could lead to a variation in findings and inconsistencies among different criminal courts, creating “a recipe for chaos,” the judge said.
The letter to Lord Hermer added: “Prosecuting individuals for offences connected to that proscription before the court has determined its legality raises significant legal and moral questions.
“In particular, one of the grounds which the judge held had merit was that the proscription of Palestine Action was a disproportionate interference with human rights.
“We therefore respectfully request that you exercise your constitutional role in the public interest by delaying any decisions to prosecute individuals arrested under terrorism legislation in connection with Palestine Action until the conclusion of the judicial review process.”
