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The home secretary has been warned by Europe’s human rights watchdog that the UK “risks over-policing” Palestine Action protests.
Michael O’Flaherty, commissioner for human rights at the Council of Europe, has asked the government to ensure counter-terrorism laws do not “unnecessarily restrict freedom of peaceful assembly”.
He also called for a comprehensive review of the UK’s protest legislation following a range of recent and upcoming changes placing tighter restrictions demonstrations to ensure they comply with international human rights laws, including the European Convention on Human Rights.
It comes after 2,000 people have been arrested in a series of major protests over the decision to designate Palestine Action as a proscribed terrorist organisation.
Hundreds of peaceful protesters holding placards showing support for the direct-action group have been hauled away by police and face possible charges under the Terrorism Act for defying the controversial ban, which is being challenged in the High Court.
In a letter to Shabana Mahmood, Mr O’Flaherty said: “I observe that large numbers of arrests have reportedly been made for displaying placards or banners expressing solidarity with the organisation or disagreement with the government’s decision to proscribe it.
“I am aware that ‘support’ for a proscribed group is an offence under the Terrorism Act 2000.
“In this regard I recall that domestic legislation designed to counter ‘terrorism’ or ‘violent extremism’ must not impose any limitations on fundamental rights and freedoms, including the right to freedom of peaceful assembly, that are not strictly necessary for the protection of national security and the rights and freedoms of others.
“I ask the government to take all necessary steps to ensure that the policing of protests conforms to this and related principles of law.”
The commissioner warned changes following the adoption of the Police Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 – which gave police more powers to impose conditions on rallies – impose “excessive limits” on freedom of assembly and “risk over policing”.
He also raised further concerns over proposals in the Crime and Policing Bill, currently before the House of Lords, which would criminalise protesters wearing a face covering and give police powers to restrict demonstrations in the vicinity of places of worship.
Mr O’Flaherty said face coverings should not be prohibited where there is “no demonstrable evidence of imminent violence”. He also warned the term “vicinity” was not clearly defined and risked demonstrations being banned in large parts of cities and towns.
His intervention comes after Ms Mahmood earlier this month announced police would be given even greater powers to restrict repeated protests after 500 people were arrested at a demonstration in Trafalgar Square, despite calls from the police and prime minister to postpone.
The home secretary said repeated large-scale protests had caused "considerable fear" for the Jewish community in the wake of the Manchester synagogue attack.
She said: "The right to protest is a fundamental freedom in our country. However, this freedom must be balanced with the freedom of their neighbours to live their lives without fear.
"Large, repeated protests can leave sections of our country, particularly religious communities, feeling unsafe, intimidated and scared to leave their homes.”
However, organisers Defend Our Juries responded by promising a “major escalation” in their campaign to lift the ban on Palestine Action ahead of the High Court legal challenge on 25 November.
A group spokesperson said it “beggars belief” that the home secretary responded to condemnation of the ban with a further crackdown.
“This confirms what we’ve warned all along: the proscription of Palestine Action was never just about one group – it’s a dangerous, authoritarian escalation that threatens everyone’s right to protest in our country,” they added.
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