BITN 898_04,05 (News)

14/10/11

13:23

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N E W S

Britains police forces are facing a legal backlash over controversial tactics used against protesters. A landmark case has been taken to the European Court of Human Rights that could see the method of containment known as kettling deemed unlawful. The action has been brought by 42-year-old Lois Austin and others including 62-year-old George Black, who were kettled during a May Day antiglobalisation rally in 2001. Austin had been participating in the demonstration and was caught up in a police cordon for over seven hours with no access to food, water or toilet facilities. She claims that despite requests she was not allowed to leave the area to collect her 11-month-old baby from nursery. Black, a librarian, had been on his way to a bookshop when he was inadvertently caught up in the same blockade along with an estimated 3,000 others.

Police kettle protesters at an anti-cuts rally in Piccadilly, London, in March. Photo: Ryan Gallagher

Critical spotlight
If the court rules that use of the tactic was not justified, it could no longer be legally employed in the UK, and individuals would be able to seek compensation if authorities flouted the law. A judgment is expected in the next four months. Kat Craig of Christian Khan solicitors, who is representing Austin, the lead applicant in the case, said: The police tactic of kettling has disastrous consequences for the right to peaceful protest and the safety of protesters. These people are exercising their legitimate rights to express their opposition to government policies, and should not have their rights infringed by the state in doing so. A critical spotlight has been cast on kettling since it emerged schoolchildren as young as 13 were contained for hours during student fees demonstrations in November last year. The tactic continues to be used by police against protesters despite a High Court ruling in April that it should be considered a last resort catering for situations about to descend into violence. Earlier this month civil liberties group the Network for Police Monitoring launched a
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Police kettling tactics in European dock

new campaign to build a dossier documenting incidents where the policing has been excessive or unreasonable.

Judicial review
A spokesperson for the group said: Successive governments, and the police, have seemed intent on treating protest not as an essential freedom but as an inconvenient nuisance that has to be kettled and contained. Kettling has become so widespread that many see it as an almost inevitable part of political protest. Kettling is used frequently on crowds that present no threat to order, but are merely inconvenient. It is an effective deterrent against protest, as many who experience being penned in, sometimes for many hours and without basic facilities, never want to take part in a protest again. And it is a gift for police intelligence

who use the opportunity to systematically film, photograph and demand ID from people who have done nothing wrong. In a separate case against the Metropolitan Police, human rights organisation Liberty is seeking a judicial review over claims stop and search powers were used excessively to search environmental demonstrators in October 2010. A previous court judgement that deemed the searches lawful is disputed. Police are reported to have boarded a Birmingham to London train and searched all those on board suspected of being protesters, claiming they had information suggesting the demonstrators were intent on damaging property. James Welch, legal director for Liberty, said: While the police play an important role in ensuring that demonstrations remain peaceful, they need to avoid action that will have a

chilling effect on the right to protest. The blanket searching of so many protesters was completely over the top.

Peaceful protest
The Association of Chief Police Officers (ACPO), the private limited company that leads the development of policing practice, declined to comment on the individual cases. A spokesperson said: Large scale protests constantly challenge and test the police service: no two events are the same and the approaches of protesters and police continually evolve. The service has a clear commitment to ensure peaceful protest can take place and balance the rights of everyone involved whether taking part in protest or going about their daily business.
RYAN GALLAGHER

THE BIG ISSUE IN THE NORTH 17-23 OCTOBER 2011