The UK’s official human rights watchdog has written to the government and police expressing concern at a potentially “heavy-handed” approach to protests about Gaza and urging clearer guidance for officers in enforcing the law.
In the letter to Yvette Cooper, the home secretary, and Mark Rowley, the head of the Metropolitan police, the Equality and Human Rights Commission (EHRC) said the perception that peaceful protest could attract disproportionate police attention “undermines confidence in our human rights protections”.
While much of the recent focus has been about arrests of people accused of expressing support for Palestine Action, recently proscribed as a terrorist group, the focus of the EHRC letter is on people who have faced police challenge for demonstrating more generally about the situation in Gaza.
It cited as an example the case of Laura Murton, who was threatened with arrest under the Terrorism Act by Kent police for holding a Palestinian flag and having signs saying “Free Gaza” and “Israel is committing genocide”.
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In the encounter, first reported by the Guardian, Murton filmed police telling her that even such general statements “all come under proscribed groups, which are terror groups that have been dictated by the government”.
In her letter, Kishwer Falkner, the EHRC chair, wrote: “Whilst we acknowledge police expertise in assessing security risks, we want to emphasise that any interference with protest rights must be lawful and assessed case by case.
“Heavy-handed policing or blanket approaches risk creating a chilling effect, deterring citizens from exercising their fundamental rights to freedom of expression and assembly through fear of possible consequences.”
The letter added: “This concern extends beyond those directly affected by police engagement to the broader health of our democracy, because the perception that peaceful protest may attract disproportionate police attention undermines confidence in our human rights protections.”
Falkner urged ministers and police to make sure all officers were given “clear and consistent guidance on their human rights obligations in relation to protest”, which should “ensure that the appropriate balance is maintained between public safety and the protection of essential human rights”.
Last week Murton told the Guardian that her solicitors had issued a letter of claim on her behalf to the chief constable of Kent police, in what was also said to be a move to remind other police forces of their responsibilities towards peaceful protests.
Falkner said in a statement: “The right to peaceful protest is fundamental to our democracy and must be protected even when dealing with complex and sensitive issues.
“We recognise the genuine challenges the police face in maintaining public safety, but we are concerned that some recent responses may not strike the right balance between security and fundamental rights.
“Our role as the national human rights institution is to uphold the laws that safeguard everyone’s right to fairness, dignity and respect. When we see reports of people being questioned or prevented from peaceful protests that don’t support proscribed organisations, we have a duty to speak out.”
The warning comes in the context of wider police operations targeting protesters who, unlike Murton, directly express support for Palestine Action, which is illegal given the group’s banned status.
More than 500 people were arrested in London last Saturday, almost all for displaying placards or signs allegedly supportive of Palestine Action. Half of those arrested were aged 60 or above, according to police figures.
Downing Street has justified the ban on Palestine Action by saying it is “a violent organisation that has committed violence, significant injury, extensive criminal damage”, a description one of its co-founders has said is false and defamatory.
