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2009-03-23

UK: Police accused of misusing terror laws against peaceful protests

Laws intended for counter-terrorism are being misused in an increasingly heavy-handed approach to policing protests, a new parliamentary report warns today.

The 70-page report, published by the joint committee on human rights after almost a year's inquiry, said it was concerned by evidence of the use of the powers, under legislation including the Terrorism Act, against peaceful protesters.

The report comes as pressure mounts on authorities over plans for the policing of a series of high-profile protests, including at next month's G20 summit in London. The event, due to be attended by Barack Obama and other world leaders, is expected to draw thousands of protesters to Docklands, London. The findings are likely to anger demonstrators, after the news that thousands of riot police will be deployed in response.

The report says: "Whilst we recognise police officers should not be placed at risk of serious injury, the deployment of riot police can unnecessarily raise the temperature at protests."

It adds that the experience of protests in Northern Ireland showed the use of riot police was unnecessary.

Relations between police and protesters have broken down at a number of recent high-profile demonstrations, including last year's Climate Camp at Kingsnorth in Kent, where a deterioration in communication between the police and 3,000 protesters resulted in the arrest of 100 people. But the report places significant blame with the police for failures to maintain peaceful protest.

"Protesters and journalists reported a number of specific incidents where they felt intimidated by the police, as well as a more general sense that the policing of protest had become more heavy-handed", the report says.

The report is critical of the use of counter-terrorism laws, such as stop and search, and the requirement that protesters give advance notice to the police, adding the committee was "struck" by the accounts of the use of "a wide range of police powers against protesters and others involved with protest".

"The right to protest is a fundamental democratic right and one the state and police have a duty to protect and facilitate," said Andrew Dismore, chair of the committee and Labour MP for Hendon. "The state must not impose restrictions unless it is necessary and proportionate, to do so."

Mike Schwartz, a partner at law firm Bindmans, who defended protesters at last year's Climate Camp, said: "The police have adopted mission creep. One of the symptoms is their misuse of the power of stop and search under the Terrorism Act."

"It is being misused because the police have the power to impose a blanket area, where any police officer can search anyone without reason for suspicion on the basis that a senior police officer has thought that there might be terrorist activity or terrorists operating in the area."

Journalists have also been subjected to "unacceptable" treatment during protests, the report says. Earlier this month the Guardian revealed the police had targeted journalists for surveillance as part of their operation at the Climate Camp. The story led to an apology by Kent Police.

The committee, which heard evidence from the National Union of Journalists, states that "journalists are left with no option but to take court action against officers who unlawfully interfere with their work".

The report also raises fundamental questions about the general approach of the authorities towards protest, lawyers say.

Source: http://www.guardian.co.uk/uk/2009/mar/23/police-terrorism-protest-g20-law