The High Court of Justice held that the proscription of “Palestine Action” severely interferes with the freedom of expression and the freedom of assembly guaranteed by the European Convention on Human Rights (Articles 10 and 11).

The events leading to the judgment under discussion stem from the arrest of numerous demonstrators who had taken part in the organization’s initiatives. The participants were also motivated by religious beliefs, and among them were many ministers of religion from various faith communities.

The High Court of Justice acknowledged that certain activities promoted and carried out by “Palestine Action” did in fact fall within the definition of “terrorism” and “terrorist activity” under the Terrorism Act 2000. In particular, the organization had advanced its political agenda through unlawful conduct and by inciting such conduct.

Nevertheless, the Court found that the overall intensity, scope, and continuity of the group’s activities did not reach a level sufficient to justify the proscription on “Palestine Action”, the resulting restriction of Convention rights, and the ensuing criminal consequences.

 

(Comment by Tania Pagotto)