Groups including Greenpeace and Human Rights Watch wrote to Attorney General Richard Hermer KC, saying that going ahead with charges or trials before a judicial review would raise legal and moral questions [GETTY]
Rights organisations are calling for prosecutions against supporters of the now-banned Palestine Action group to be delayed until a legal challenge on the ban has been heard.
Groups including Greenpeace and Human Rights Watch wrote to Attorney General Richard Hermer KC, saying that going ahead with charges or trials before a judicial review would raise legal and moral questions, The Guardian reported on Friday.
The letter, also signed by Friends of the Earth, Quakers and Global Witness, argued that “prosecuting individuals for offences connected to that proscription before the court has determined its legality raises significant legal and moral questions” and delaying the prosecutions “would demonstrate restraint, fairness and respect for the ongoing legal process”.
The letter also adds it’s the attorney general who decides whether cases should proceed under the Terrorism Act rather than the Crown Prosecution Service, stating that Lord Hermer must act “in the public interest” and take action over the question of prosecution.
Britain has seen a wave of protests in support of Palestine Action, a group now banned under the Terrorism Act after members broke into a Royal Air Force (RAF) facility and damaged two military aircraft.
Last week’s protest in support of Palestine Action saw 552 arrests, and while most of those arrested were bailed, at least 10 have been charged, and the Met Police announced at least 60 will be prosecuted for “showing support”. More than 700 protesters have been arrested under the Terrorism Act.
The letter states that no one else should be charged, and those who have should not be prosecuted before the judicial review, which could result in the ban being lifted.
“Prosecuting individuals for offences connected to that proscription before the court has determined its legality raises significant legal and moral questions,” the letter says.
“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.
A hearing challenging Palestine Action’s proscription is set to take place in November after the group won a legal bid to contest it.
Supporting a banned organisation can result in a 14-year prison sentence under the Terrorism Act.
The Liberal Democrat party’s home affairs spokeswoman, Lisa Smart, has also raised concerns over using the Terrorism Act to arrest large numbers of people.
Smart calls for the government’s independent reviewer of terrorism legislation, Jonathan Hall KC, to examine whether it is being used correctly or if it “requires amendment to prevent misuse in future”.
“Acts of terrorism, antisemitic hate and violence, and violent disorder should all be punished to the fullest extent of the law and are totally unacceptable,” Smart said.
“It is right that the police already have the powers to make clear to organisations and individuals that we, as a society, will not stand for it and the consequences will be serious.”
“In the case of arresting hundreds of peaceful protesters not engaging in these actions, in a country that prides itself on democratic debate, these measures appear disproportionate.”
At the same time, the Equality and Human Rights Commission has raised concerns over the Met police’s “heavy-handed” policing in Gaza protests, including those not associated with Palestine Action.
