Campaigners branded this a 'monumental victory'
The co-founder of Palestine Action Huda Ammori has won a legal challenge on the proscription of Palestine Action. Three judges have ruled that the decision to proscribe the group was unlawful.
Proscribing Palestine Action made it a criminal offence to be a member of the group or to express support for it, with punishments of up to 14 years imprisonment for anyone found to be a member, and up to six months for those expressing support for it.
The decision to proscribe Palestine Action was highly contentious, with civil liberties campaigners arguing that doing so was a misuse of counter-terrorism legislation and would undermine free speech. 385 MPs voted for proscribing the group, with just 26 voting against it.
In the ruling, the judges said that proscribing Palestine Action was ‘disproportionate’.
Ammori, who brought the case against the government’s proscription, 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’.”
The court ruling does not mean that Palestine Action has been deproscribed. It remains a banned group until the government decides whether it will seek to appeal the judgement.
The government has indicated it intends to appeal. The home secretary Shabana Mahmood said: “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.”
Chris Jarvis is head of strategy and development at Left Foot Forward
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