Attorney General urged to delay prosecutions

Five international organisations, including Greenpeace, Friends of the Earth, Human Rights Watch, Global Witness, and the Quakers, have reached out to Richard Hermer, the Attorney General, imploring him to delay making a decision on the prosecution of hundreds of peaceful protesters. These individuals were arrested for holding placards that expressed support for Palestine Action, a direct action protest group that was recently proscribed by the Home Secretary. As the arrests occurred under the Terrorism Act, the responsibility of determining how the legal cases proceed falls to the Attorney General instead of the Crown Prosecution Service.

In their letter, the five signatories highlight the need for caution, recommending that the Attorney General wait until the Judicial Review of the proscription order is concluded in November. They argue that proceeding with prosecutions before the review's outcome could lead to a significant miscarriage of justice. This review will address concerns that the proscription of Palestine Action and its repercussions may disproportionately interfere with human rights.

With the government designating Palestine Action as a terrorist group, expressing support for them has become a crime under the 2000 Terrorism Act. This has led to numerous arrests, including more than five hundred individuals apprehended on Saturday, 9th August, who were protesting to affirm their right to free speech against what they view as an overreach of governmental power. The Defend Our Juries group, which organised the protest, has received legal advice indicating that those arrested might have grounds for wrongful arrest claims should the proscription be overturned.

Areeba Hamid, co-executive director of Greenpeace UK, stated, "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 protestors."

Similarly, Asad Rehman, executive director of Friends of the Earth, emphasised, "Peaceful protest is a cornerstone of any healthy democracy. With the group’s designation still under legal challenge, the Attorney General should hold off on any prosecution decisions until the outcome of the Judicial Review is known. Rushing ahead risks setting a precedent that could have lasting consequences for protest rights and could prove to be shocking miscarriages of justice for the individuals involved."