The Home Office ban on Palestine Action as a terrorist organisation is lawful, the Court of Appeal ruled on Monday. Five judges determined that the ban was a 'justified and proportionate' interference with freedom of expression rights, overturning a previous High Court decision.
Background of the Case
In February, three High Court judges ruled that then-Home Secretary Yvette Cooper's decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful, following a legal challenge from the group's co-founder, Huda Ammori. The ban, effective from 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. It remained in force while the Home Office appealed.
Court of Appeal Decision
At the Court of Appeal, Lady Chief Justice Baroness Carr stated that the High Court had 'materially understated the position' regarding the Home Secretary's latitude in deciding whether to proscribe. She added that comparisons to groups such as the suffragettes were 'seriously flawed'. Baroness Carr, sitting with Sir Geoffrey Vos, Lord Justice Edis, Lord Justice Lewis, and Lady Justice Whipple, emphasised a distinction between supporting an organisation's objectives and supporting the organisation itself.
Sir James Eadie KC, representing the Home Office, argued that 'the line between criminality, sometimes violent criminality, and terrorism is not a bright one' and that criminal law had 'demonstrably failed' to prevent the escalation of the group's activities. Conversely, Raza Husain KC for Ms Ammori contended that the ban did not correctly balance human rights and had created a 'culture of fear' among Palestinian rights campaigners.
Impact and Related Cases
Police have arrested hundreds of protesters in demonstrations supporting Palestine Action. The Chief Magistrate has paused criminal cases for those charged, with a review hearing set for June 30. The Court of Appeal's decision follows the jailing of four Palestine Action activists who conducted a 'terrorist' raid on an Elbit Systems UK factory. Charlotte Head, 30, Samuel Corner, 23, Leona Kamio, 30, and Fatema Rajwani, 21, used sledgehammers and crowbars to destroy equipment. Corner struck a police officer with a sledgehammer, fracturing her spine. They received prison sentences ranging from four years and eight months to seven years and eight months, plus an extra year on licence. The judge ruled the raid an 'act of terrorism' aimed at influencing the UK government and intimidating the public.
