Warning to use authority proportionately
Police Scotland, the Crown Office and Procurator Fiscal Service have all been warned of potential human rights violations when policing peaceful protestors.
A letter from the Scottish Human Rights Commission (SHRC) has told public bodies that they have a duty to exercise their functions proportionately in the wake of the proscription of Palestine Action as a terrorist group 5 July.
The SHRC is concerned about reports that people in Scotland have been arrested, despite not specifically verbalising support for the proscribed organisation.
The SHRC warns of the risks to rights under Article 10 and Article 11 of the European Convention on Human Rights. Article 10 protects the right to free expression, to hold opinions and exchange and impart information, including the expression element of peaceful protest. Article 11 protects the right to assembly and association.
Being sanctioned for peaceful protest - including expressing support for a banned group - constitutes an interference under Article 10 ECHR and any restriction must be proportionate. Restrictions on expression must be in accordance with the law, and the rule of law.
Chair of the Scottish Human Rights Commission, Professor Angela O’Hagan, said: “It is vital that Police Scotland and the Crown Office and Procurator Fiscal Service remember that there are very narrow circumstances under which political speech and ideas can be lawfully restricted, under European Convention on Human Rights.
“Whether the proscription of Palestine Action amounts to a justified interference is a matter for the Courts and UK Parliament. However, the proscription should not and does not inhibit the right to peaceful protest.
“There is a difference between support for a proscribed organisation and support for a political or moral viewpoint. Law enforcement that does not recognise this distinction is a risk to human rights.
“We urge Police Scotland to issue clear guidance to officers on the need for proportionality in their policing.”
