Protesters arrested for supporting Palestine Action should not be prosecuted until a legal challenge to a ban on the group has been heard, organisations including Greenpeace and Human Rights Watch have told the attorney general for England and Wales.
In a letter to Richard Hermer KC, also signed by Friends of the Earth, Global Witness and the Quakers, they say proceeding with charges or trials before the judicial review, which is expected to be heard in November, would raise significant legal and moral questions.
Last weekend 522 people – half of whom were over 60 – were arrested under section 13 of the Terrorism Act at a demonstration in Parliament Square for carrying placards that stated: “I oppose genocide, I support Palestine Action.”
The detentions took the total number of people arrested under the act in relation to the banned group since it was proscribed last month to more than 700.
The letter says the attorney general makes the decision on how cases should proceed under the Terrorism Act, rather than the Crown Prosecution Service, and urges him to act “in the public interest”.
Areeba Hamid, a co-executive director of Greenpeace UK, 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.”
One of the reasons Mr Justice Chamberlain gave for granting permission at the high court for a judicial review of the proscription was that those charged with criminal offences under the act might seek to challenge the legality of the proscription order individually when tried. Criminal courts might reach different decisions, creating “a recipe for chaos”, he said.
Most of those arrested have been bailed but at least 10 have been charged. The five organisations say no one else should be charged, and those who already have been should not be prosecuted before the judicial review, which could lead to the ban being quashed.
“Prosecuting individuals for offences connected to that proscription before the court has determined its legality raises significant legal and moral questions,” the letter states. “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.”
Separately, the Liberal Democrats have written to the government’s independent reviewer of terrorism legislation, asking that he urgently examine the “troubling precedent” of use of the Terrorism Act to arrest large numbers of people expressing support for Palestine Action.
In a letter to Jonathan Hall KC, Lisa Smart, the party’s home affairs spokesperson said: “While we recognise the serious nature of this group’s activities, including criminal offences, such as vandalism of military equipment and RAF aircraft, aggravated burglary and violent disorder, and some cases awaiting the conclusion of trials, we are deeply concerned about the use of terrorism powers against peaceful protesters in this context.”
The attorney general’s office has been approached for comment.
