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The National (Scotland)
The National (Scotland)
National
Steph Brawn

Amnesty urges Lord Advocate to drop charges against Palestine Action protesters

AMNESTY International has called on the Lord Advocate of Scotland to drop all charges against those arrested for peacefully protesting in support of Palestine Action.

In what the charity says is an “unprecedented” move in the UK, it has launched an “urgent action” to protect the right to protest following the arrest of more than 700 people for peacefully demonstrating in support of Palestine Action since last month.

Amnesty International says it launches urgent actions where it deems that there is an “urgent need for intervention” to stop human rights violations or abuses against an individual or group.  

The organisation has sent letters to chief prosecutors, including the Lord Advocate, signed by activists and supporters all over the world calling for charges to be dropped for no further action to be taken “against all those arrested for the exercise of their rights to freedom of expression and peaceful assembly”.

It is the first time the UK will be the subject of a global Amnesty International “urgent action”.

The campaign focuses on the UK’s obligations under international human rights law which require that “any restriction on the rights to freedom of expression and peaceful assembly must be lawful, necessary and proportionate to achieving a legitimate aim.” 

The letters make the case that criminalising speech or protests in this context is only permitted when it incites violence or advocates hatred or discrimination and that expressing support for Palestine Action does not meet this threshold.

Liz Thomson, Amnesty’s Scotland programme director said: “We are calling on the Lord Advocate to make clear that no charges against any peaceful protesters will be pursued under this law in Scotland. 

(Image: Stefan Rousseau) “There is no public interest in prosecuting people who are not inciting violence but simply voicing outrage at the ongoing genocide in Gaza.  

“We are asking people around the world who share our concerns to help us demand an end to the arrests and prosecutions of those peacefully expressing their opposition to genocide here in Scotland and throughout UK. 

“Meanwhile the UK Government should be focusing on taking immediate and unequivocal action to put a stop to Israel’s genocide and ending any risk of UK complicity in it.”     

Earlier this week, Lord Advocate Dorothy Bain said Scottish legal cases involving the UK Government’s proscription of Palestine Action will be dealt with by a “specialist” overseen by senior staff, adding that prosecutors would be “respecting human rights in all our decisions” after receiving a warning from a watchdog.

The Scottish Human Rights Commission chair, Professor Angela O’Hagan, had written to both Bain and Police Scotland chief constable Jo Farrell raising concerns that the force’s handling of Palestine protests risked breaching the right to free expression and freedom of assembly.

The Amnesty letter adds that The European Court of Human Rights’ case law “confirms that such expressions, including those on placards, remain protected speech unless they directly and expressly incite violence”.

“Arresting and prosecuting individuals in this context, is as such a violation of the UK’s obligations under human rights law,” it adds.

Earlier this week, legendary film director Ken Loach joined an Edinburgh demonstration against the UK Government’s decision to proscribe Palestine Action as a terrorist group.

Speaking to media after joining with activists from the Scottish Palestine Solidarity Campaign (SPSC), Loach said the Labour administration was “in breach of international law” for failing to take steps to prevent a genocide being perpetrated by Israel.

Activists around Loach, including his long-time screenwriting partner Paul Laverty, wore T-shirts with the slogan “Genocide in Palestine time to take action”. The garment led to a man being charged under terror laws in Glasgow in July, and further charges against others have followed for the same reason.

Elsewhere, best-selling Irish author Sally Rooney has also risked the UK Government's anger by speaking out against the proscription of Palestine Action.

The Normal People writer said she would continue to use her payments from BBC productions of her work to fund the group.

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