POLICE Scotland's arrest of two Palestine protesters over the weekend may “not be justified” under human rights laws, Amnesty International has said.
On Saturday, around 100 people – supported by more than 1000 others – joined a silent protest outside the UK Government offices in Edinburgh against the proscription of Palestine Action as a terrorist group.
Protesters organised by the Defend Our Juries group wrote “I oppose genocide, I support Palestine Action” on placards, before sitting silently holding the signs for one hour. The peaceful protest passed without confrontation, but police officers instead moved to arrest two men – aged 67 and 82 – after the event.
“This is yet another example of Police Scotland’s overreach of power and is in direct contradiction to the First Minister’s statement in Parliament mere days ago that we must do all we can to end the genocide.”
Police Scotland chief superintendent David Robertson, in a statement after the arrests, said that while the “protests were conducted peacefully and largely without incident, there were a number of offences identified relating to the Terrorism Act”.
He added: “Substantial evidence of these offences was gathered at the time which will form the basis of a post incident investigation.”
Responding, Amnesty International questioned whether the arrests would be justifiable under human rights laws.
Liz Thomson, the charity’s acting Scotland director, noted that the “force's own statement confirms that the Defend Our Juries action was peaceful”.
She went on: "Restriction on the rights to freedom of expression and peaceful assembly must be lawful, necessary and proportionate to achieving a legitimate aim. Criminalising speech in this context is only permitted when it incites violence or advocates hatred.
"Expressing support for Palestine Action does not, in itself, meet this threshold.
"Edinburgh avoided the genuinely shocking scenes in London of people being hauled from the streets by the police for peacefully holding up signs.
"However, pursuing arrests and criminalising people as terrorists in the aftermath of yesterday's peaceful event would not be justified either."
“The Lord Advocate must make clear that she won’t be bringing charges against anyone for exercising their human right to peaceful expression here in Scotland."
The Crown Office – which is led by Lord Advocate Dorothy Bain – has rejected calls to say that people arrested over protests linked to the proscription of Palestine Action will not face prosecution. Bain has said that prosecutions will be taken forward if it is in the public interest.
In London on Saturday, a similar-sized protest to the demonstration in Edinburgh ended with 890 arrests made by the Metropolitan Police.
Officers began arresting protesters 12 minutes into a silent demonstration against the proscription of Palestine Action, leading to clashes and shouting matches, PA Media reported from the scene.
The Scottish Greens called for Home Secretary Shabana Mahmood to rethink the “repressive and ridiculous” decision to proscribe Palestine Action, which was taken under her predecessor Yvette Cooper.
Maggie Chapman, the Greens’ justice spokesperson, added: “I urge the new Home Secretary to reconsider the authoritarian and undemocratic decision and the harsh manner in which it is being implemented and to reverse course.
“Nobody can look at footage of pensioners and priests being carried away by the police for holding banners and think it is the right thing to do or a sensible use of resources.
“It is particularly sickening to see people being criminalised for standing up for Palestine at the same time as an Israeli president who has presided over apartheid and genocide is being welcomed into Westminster.
“The right to protest is a crucial part of our democracy and one that people fought for over centuries. Peaceful protest should never be a crime and nor should defending that right.”
Labour ministers are set to welcome Israeli president Isaac Herzog to the UK on Wednesday and Thursday this week.
Herzog was cited in the International Court of Justice’s ruling that Israel is putting Palestinian’s right to be protected from genocide under “plausible” risk.
Amnesty International, the International Association of Genocide Scholars, Israeli rights group B’Tselem, and other leading experts have all stated that Israel is committing genocide in Gaza.
