UK ban on Palestine Action ruled unlawful as government indicates it will appeal
The group currently remains proscribed as a terrorist organisation to allow further arguments, judges say
Palestine Action has won a High Court challenge over the ban of the organisation as a terror group on two grounds, judges have said.
But the group remains proscribed as a terror group to allow further arguments and the Government time to consider an appeal, judge Dame Victoria Sharp has said.
In a summary of the High Court’s decision, Dame Victoria Sharp said: “The court considered that the proscription of Palestine Action was disproportionate.
“A very small number of Palestine Action’s activities amounted to acts of terrorism within the definition of section 1 of the 2000 Act.
“For these, and for Palestine Action’s other criminal activities, the general criminal law remains available.
“The nature and scale of Palestine Action’s activities falling within the definition of terrorism had not yet reached the level, scale and persistence to warrant proscription.”
But in a ruling that was not straightforward, Palestine Action co-founder Huda Ammori won a High Court challenge over the ban of the organisation as a terror group on two grounds, but judges rejected the claim on two other grounds.
Home Secretary Shabana Mahmood responded by saying she was “disappointed” by the ruling and confirmed she intended to appeal and “fight” the decision.
She added: “The Court has acknowledged that Palestine Action has carried out acts of terrorism, celebrated those who have taken part in those acts and promoted the use of violence.
“It has also concluded that Palestine Action is not an ordinary protest or civil disobedience group, and that its actions are not consistent with democratic values and the rule of law.
“For those reasons, I am disappointed by the Court’s decision and disagree with the notion that banning this terrorist organisation is disproportionate.
“The proscription of Palestine Action followed a rigorous and evidence-based decision-making process, endorsed by Parliament. The proscription does not prevent peaceful protest in support of the Palestinian cause, another point on which the Court agrees.
“As a former Lord Chancellor, I have the deepest respect for our judiciary. Home Secretaries must however retain the ability to take action to protect our national security and keep the public safe. I intend to fight this judgment in the Court of Appeal.”
After the ruling, Ammori said: “This is a monumental victory both for our fundamental freedoms here in Britain and in the struggle for freedom for the Palestinian people, striking down a decision that will forever be remembered as one of the most extreme attacks on free speech in recent British history.
“Palestine Action is the first civil disobedience organisation that does not advocate for violence to be proscribed by the British Government as a ‘terrorist’ group, in a Trumpian abuse of power which would have seen this Labour Government proscribe the Suffragettes.
“This ban was unlawful, resulting in the unlawful arrest of nearly 3,000 people – among them priests, vicars, former magistrates and retired doctors – under terrorism laws for simply sitting in silence while holding signs reading: ‘I oppose genocide – I support Palestine Action’.
About a hundred people gathered outside the High Court building in central London are cheering and chanting “Free Palestine” after news broke that judges have ruled the Home Office’s decision to ban Palestine Action under terrorism laws was unlawful.
In a 46-page judgment, Dame Victoria Sharp, sitting with Mr Justice Swift and Mrs Justice Steyn, said the former Home Secretary Yvette Cooper had made a “significant” error on breaching her own policies.
Dame Victoria continued: “She exercised the discretion to proscribe taking account of a consideration inconsistent with her own policy, namely the advantages to be had, were Palestine Action to be proscribed, from the criminal offences consequent on proscription.”
The senior judge said that “subject to any further representations on relief, we propose to make an order quashing the Home Secretary’s decision to proscribe Palestine Action.”
During a short hearing on Friday morning, Dame Victoria said that both sides had until February 20 to provide written arguments on what should be the consequences of the High Court’s decision.
The proscription of Palestine Action, which categorised it alongside the likes of Islamic State, was the first of a direct action protest group and attracted widespread condemnation as well as a civil disobedience campaign defying the ban, during which more than 2,000 people have been arrested.
From 5 July last year, being a member of – or showing support for – the group became an offence punishable by up to 14 years in prison.
On Friday, three judges, led by the president of the king’s bench division, Dame Victoria Sharp, ruled that the decision to proscribe the group was unlawful.
Ammori took legal action against the department over the then-home secretary Yvette Cooper’s decision to proscribe the group under the Terrorism Act 2000.
The ban, which began on July 5 last year, made membership of, or support for, the direct-action group a criminal offence punishable by up to 14 years in prison.
At a hearing late last year, barristers for Ammori told the court that the decision to ban the group was unlawful and should be quashed, with Palestine Action being the first “direct-action civil disobedience organisation that does not advocate for violence” to be proscribed as a terrorist group.
The Home Office defended the challenge, with its barristers telling the hearing in London that the move has not prevented people from protesting against Israel’s actions in Gaza or in support of Palestinians.
In a joint statement from the Board of Deputies and Jewish Leadership Council, the two organisations said:
“We are deeply concerned by today’s High Court decision to find against the Government’s proscription of Palestine Action.
“As the Home Secretary said today: ‘The Court acknowledged that Palestine Action has carried out acts of terrorism. It concluded that its actions are not consistent with democratic values and the rule of law.’
“We recognise the vital importance of judicial oversight in matters of national security and civil liberties. However, the practical impact of Palestine Action’s activities on Jewish communal life has been significant and deeply unsettling.
“Palestine Action has repeatedly targeted buildings hosting Jewish communal institutions, Jewish-owned businesses, or sites associated with Israel, in ways that cause fear and disruption far beyond the immediate protest sites.
“We welcome the response of the Home Secretary and note her intention to fight the judgement in the court of appeal. We will seek urgent clarity from the Government, police forces and the CPS regarding the implications of this ruling and the steps they intend to take to ensure that communities are protected from intimidation and criminality. This includes ensuring appropriate legal tools are available.
“The safety of the British public including Jews must remain a priority.”
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