Sir Mark Rowley
Metropolitan Police Commissioner
New Scotland Yard
8-10 Broadway
London
SW1H 0AZ
28 October 2024
Dear Commissioner Sir Mark Rowley,
We are writing to address the arrest of a protestor at a Pro-Palestinian demonstration at Trafalgar Square on 6 October 2024. In the video a peaceful protester can be seen handcuffed behind his back by one officer, while another officer informs him that his arrest is due to his statement: “Israel is a terrorist state.” It is unclear if the protestor made this comment, but, even if he did, it represents a political opinion, not a criminal offense. The police should be fully aware that this individual was exercising his legitimate right to freedom of expression under the Human Rights Act 1998.
In an article by LBC, an officer responded to a bystander who asserted, “Hezbollah is a terrorist organisation,” by stating, “Your opinion is your opinion.” A Met Police spokesperson clarified that the proscribed status of Hezbollah, Hamas, and other groups is included in officer briefings for related events, though acknowledged that “we need to do more to ensure officers fully understand these briefings.”
In the same light, officers must be fully briefed on protestors’ right to voice their political opinions under the HRA 1998. In March earlier this year we raised concerns that policing has become increasingly politicised in response to government figures condemning and demonising protestors and that the number of, and type of, arrests taking place attests to this surrender of operational independence. Protestors have been arrested on the flimsiest of pretexts such as carrying banners or sporting headbands carrying Arabic script and now in the above instance for exercising their democratic fundamental right to freedom of expression to state their belief “Israel is a terrorist state.”
The increasing number of arrests of pro-Palestinian protestors points to a worrying lack of accountability among Met police officers, indicating a change of standards, and individual cases shows we are sleep-walking into a dangerous arena. This case, in particular, is shocking.
We refer you to our reports to the United Nations (The Authoritarian Drift of the European Democratic State: the crackdown on Pro-Palestine Movements part 1 and part 2) which details serious concerns about the polices’ targeting and suppressing of pro-Palestine protests and harassment and persecution of protestors.
It is notable that the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Irene Khan, expresses the same concern in her report Global threats to freedom of expression arising from the conflict in Gaza – Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan | OHCHR.
Some of the Special Rapporteur’s recommendations that will be relevant to the Police include:
- People have the right to express their views and to protest peacefully. States have a duty to respect, protect and facilitate those rights on an equal basis for all persons. Civil disobedience or non-violent protests aimed at challenging unjust proscriptions, as well as campaigns to boycott, seek divestment and promote sanctions, are legitimate forms of political expression that should not be prohibited or criminalized.
- …. Blanket prohibition of Palestinian protests, slogans or symbols is inherently incompatible with international human rights law.…
- … The genocide in Gaza, the violation of human rights in the occupied Palestinian Territory and the failure of Israel to respect its international legal obligations, including the occupation of Palestinian territory, are matters of global public interest. There is no scope for restricting freedom of expression on such matters.
- States must refrain from blanket prohibitions of demonstrations, slogans, symbols or other forms expression in support of the Palestinian people …
- In the light of the advisory opinion of the International Court of Justice issued in July 2024, States should repeal – or refrain from adopting – laws and policies that penalize opposition to or impede advocacy against Israeli occupation and segregation, such as laws against the boycott, divest and sanctions movement.
[Emphasis added]
Given the above we urge the Met Police to ensure officers are trained and briefed to understand that protestors chanting “Israel is a terrorist state” is an expression protected under freedom of expression rights and does not constitute a basis to trigger an arrest under Public Order legislation and/or anti-terror legislation. We also request the Met Police issue a public apology for breaching the individual protestors’ rights under the Human Rights Act, as well as for the alarm and distress this arrest will have caused among the public. The general public need to be assured their rights will be protected by the police, not trampled on by heavy handed policing that seeks to shield Israel from criticism.
Yours sincerely,
Massoud Shadjareh,
Islamic Human Rights Commission
