On 14 October, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, published a letter to the Home Secretary on the policing of protests in the United Kingdom.
He asks the UK Government to ensure that counter-terrorism legislation does not unnecessarily restrict freedom of peaceful assembly:
“I am aware that ‘support’ for a proscribed group is an offence under the Terrorism Act 2000. In this regard I recall that domestic legislation designed to counter ‘terrorism’ or ‘violent extremism’ must not impose any limitations on fundamental rights and freedoms, including the right to freedom of peaceful assembly, that are not strictly necessary for the protection of national security and the rights and freedoms of others … I ask the government to take all necessary steps to ensure that the policing of protests conforms to this and related principles of law.”
He also recommends a comprehensive review of the overall legal framework on protests to ensure its full compliance with the United Kingdom’s international human rights obligations.
Finally, he encourages the UK Government to reconsider certain protest-related provisions in the Crime and Policing Bill currently before the House of Lords, specifically the proposed new offence of concealing one’s identity, as well as restrictions on assemblies in the vicinity of places of worship:
“I am concerned about the undefined term ‘vicinity’, which raises issues of the foreseeability and scope of the law. This provision might render it impossible in practice to organise protests in large parts of cities and towns, where there is a likelihood of places of worship being near any chosen protest site or march route. I also note that the provision appears to provide wide discretion, including a large measure of subjectiveness, for the authorities to decide to impose restrictions. In light of the case-law of the European Court of Human Rights, the Guidelines on Peaceful Assembly, and other international standards, I would encourage you to reconsider these provisions.”
The full text of his letter is here.