The Government’s decision to proscribe Palestine Action as a terror organisation was unlawful, judges have ruled, as the Metropolitan Police said it would stop arresting peaceful protesters supporting the group.
The group’s co-founder, Huda Ammori, won a High Court challenge over the ban of the organisation on Friday.
The High Court upheld two grounds of her challenge, with Judge Victoria Sharp saying: “Proscription did result in a significant interference with the right to freedom of speech and the right to freedom of assembly.”
It means it is still a criminal offence to be a member of, or support, Palestine Action as the Home Office has said it will seek to challenge the ruling at the Court of Appeal.
Gil Murray being arrested for the sixth time over showing support for Palestine Action
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In a statement, the force said: “We recognise these are unusual circumstances and there will likely be some confusion among the public as to what happens next.
“From a Metropolitan Police perspective, officers will continue to identify offences where support for Palestine Action is being expressed, but they will focus on gathering evidence of those offences and the people involved to provide opportunities for enforcement at a later date, rather than making arrests at the time.
“This is the most proportionate approach we can take, acknowledging the decision reached by the court while recognising that proceedings are not yet fully concluded.
“This approach relates solely to the expression of support for Palestine Action.
“We will continue to intervene and make arrests where we see people crossing the line from lawful protest to intimidate, to damage property, to use violence, to stir up racial hatred or to commit other offences.”
Police detain a protester outside the High Court in December
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In October, the Home Office lost a Court of Appeal bid to block the case from proceeding, with judges dismissing the department’s argument that Ms Ammori should challenge the decision through the Proscribed Organisations Appeal Commission, rather than at the High Court.
A police officer observes pro-Palestine Action protesters gathered outside the High Court
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Opening the full hearing in November, Raza Husain KC, for Ms Ammori, told the High Court that there had been more than 2,000 arrests after Palestine Action’s proscription, including “priests, teachers, pensioners, retired British Army officers” and an “81-year-old former magistrate”.
He continued that the ban was “alien to the basic tradition of common law and the European Convention on Human Rights”.
About a hundred people gathered outside the High Court building in central London on Friday cheering and chanting “Free Palestine” as the decision was announced.
Pro-Palestine protesters march past Trafalgar Square
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In a 46-page ruling, Dame Victoria, sitting with Mr Justice Swift and Mrs Justice Steyn, said: “Deciding where the balance should be struck in this case is difficult.
“When striking the balance between issues such as these the court must permit some latitude to the Home Secretary given that she has both political and practical responsibility to secure public safety.
“Nevertheless, we are satisfied that the decision to proscribe Palestine Action was disproportionate.
“At its core, Palestine Action is an organisation that promotes its political cause through criminality and encouragement of criminality. A very small number of its actions have amounted to terrorist action.”
Reading a summary of her ruling in court, she said: “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.”
The judge concluded in her judgment that “we propose to make an order quashing the Home Secretary’s decision to proscribe Palestine Action”, but said in court that the group remains proscribed pending further legal arguments over whether the quashing of the decision should be paused.
Home Secretary Shabana Mahmood said: “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 supporting the Palestinian cause is not the same as supporting Palestine Action.
“The Government’s proscription followed a rigorous process, endorsed by Parliament. I will fight this judgment in the Court of Appeal.”
