GENEVA - The UK Government's decision to proscribe the 'Palestine Action' protest group under terrorism legislation raises serious concerns that counter-terrorism laws are being applied to conduct that is not terrorist in nature and risks hindering the legitimate exercise of fundamental freedoms across the UK, UN Human Rights Chief Volker Türk warned today.
The UK Government proscribed Palestine Action under the Terrorism Act 2000 after some of its members broke into a military airfield in June and reportedly spray-painted two military aircraft, among other incidents of property damage.
"UK domestic counter-terrorism legislation defines terrorist acts broadly to include 'serious damage to property'. But, according to international standards, terrorist acts should be confined to criminal acts intended to cause death or serious injury or to the taking of hostages, for purpose of intimidating a population or to compel a government to take a certain action or not," said Türk. "It misuses the gravity and impact of terrorism to expand it beyond those clear boundaries, to encompass further conduct that is already criminal under the law."
The ban, among other things, makes it a criminal offence to be a member of Palestine Action, express support for the group, or wear an item of clothing that would arouse "reasonable suspicion" that a person is a member of or supports the organization. Such conduct is punishable by criminal penalties, including fines and prison sentences of up to 14 years.
"The decision appears disproportionate and unnecessary. It limits the rights of many people involved with and supportive of Palestine Action who have not themselves engaged in any underlying criminal activity but rather exercised their rights to freedom of expression, peaceful assembly and association," the High Commissioner said. "As such, it appears to constitute an impermissible restriction on those rights that is at odds with the UK's obligations under international human rights law."
"The decision also conflates protected expression and other conduct with acts of terrorism and so could readily lead to further chilling effect on the lawful exercise of these rights by many people," he added.
Since the UK Government's ban came into effect on 5 July, at least 200 people have been arrested under the UK Terrorism Act 2000, many of them while attending peaceful protests.
"I urge the UK Government to rescind its decision to proscribe Palestine Action and to halt investigations and further proceedings against protesters who have been arrested on the basis of this proscription. I also call on the UK Government to review and revise its counter-terrorism legislation, including its definition of terrorist acts, to bring it fully in line with international human rights norms and standards," the High Commissioner said.
