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Victory For Fairford Coach Campaigners

IMC UK features | 13.12.2006 18:26 | Anti-militarism | Iraq | Repression | London

Campaigners have won a massive legal battle after they proved that the police violated their rights to protest when around 120 peace protestors were prevented from reaching USAF/RAF Fairford on the 22nd of March 2003. Three coaches full of protesters were first stopped and searched, then forcibly returned to London under police escort. At the start of the war with Iraq, Fairford airbase in Gloucestershire (and the B-52 bomber planes that were flying from it) had become a focus for anti-war protest and direct action.

The High Court and Court of Appeal had already ruled that the police acted unlawfully in detaining protesters on the coaches. But on Wednesday 13th Dec, in a judgement that has implications beyond the Fairford case, Law Lords ruled that the police also violated the right to freedom of expression and lawful assembly. See campaign Press Release.

Original coverage on Indymedia UK: Pics 1 | 2 | 3 | 4 | 5 | Reports: 1 | 2 | 3 | 4 | 5 | Video: 1 | 2
July 03: Civil Liberties and Anti-war Protest Policing | Aug 03: Judicial Review Granted | Feb 04: High Court Victory [ruling] | Dec 04: Court of Appeal Outcome [ruling]

Links: Fairford Coach Action Campaign | Full judgement from the Lords | We fought the law and... eh... we won? Fairford coaches appeal victory

Denied the right to protest
Denied the right to protest


This overturned a previous High Court ruling that police did not violate the protesters' rights in this respect. Five Law Lords also dismissed a cross-appeal by the police against the "unlawful" decision to hold protesters on the coaches.

Peace campaigner Jane Laporte, under whose name the case was brought, said: "I am absolutely overjoyed. The Lords have confirmed that freedom to protest is something that should be treasured in this country and police don't have the right to take it away."

Lord Bingham said: "It was entirely reasonable to suppose that some of those on board the coaches might wish to cause damage and injury to the base, and to enter the base with a view to causing further damage and injury. It was not reasonable to suppose that even these passengers simply wanted a violent confrontation with the police, which they could have had in the lay-by. Nor was it reasonable to anticipate an outburst of disorder on arrival of these passengers in the assembly area or during the procession to the base."

The Lords ruled the police actions were unlawful because they were not prescribed by law and were disproportionate. Alex Gask, legal officer for human rights group Liberty, which had intervened as an interested party in the appeal, said: "Nothing less than our freedom of speech was at stake in this case. Unmerited concerns (on the part of the police) about some future breach of the peace cannot justify the denial of this fundamental right."

Ben Emmerson QC, representing the protesters, told the Law Lords that it was a fundamental right in Britain for citizens to gather to demonstrate peacefully on matters of public interest. He said it was the responsibility of the police to maintain public order "in a manner which fully respects the rights of those who wish to demonstrate peacefully".

Police who authorised two coach-loads of protesters to be stopped and passengers searched while being detained - and then escorted back to London - had breached that right, he said. Police lawyers had argued that rather than interfering with passengers' human rights, they were upholding them by protecting their lives, which would have been put at risk if they had broken into the air base. Which suggests that the US army are quite prepared to kill British citizens on British soil.

IMC UK features
- Homepage: http://www.fairfordcoachaction.org.uk

Additions

another success for former Chief Inspector Mick Caldwell of CO11

14.12.2006 13:51

As he was the officer in effective tactical command for the coaches operation (and Fairford demo), acting as mentor to a freshly trained police commander, a role the police bizarrely refer to as 'Silver Conscience'. He was also present at Red Lion Square when the cops killed Kevin Gately, and in charge of tactics and training the riot cops for Mayday 2001.

More recently he fucked up this case for the CPS... nice one Mick!
 http://www.indymedia.org.uk/en/2006/10/353178.html

precaro


Radio 4 coverage of the case

14.12.2006 16:30

Listen to the police answer questions about the Fairford Coaches victory in this brilliant piece which you can find in the Comments section of the following Notts Indymedia article:

 http://www.indymedia.org.uk/en/regions/nottinghamshire/2006/11/357347.html

coach passenger


Comments

Hide the following 2 comments

Dear Chief Constable, may I have me Action Man back now please?

15.12.2006 13:35

Chief Constable may I have me Action Man back now?
Chief Constable may I have me Action Man back now?

White paper boiler suits, toy soldiers, and a few dust masks, a hammer and a pair of scissors??? weapons of mass destruction ha what a laugh I split my sides listening to them fuzz on board coach 2.

"Do you have any sharp instruments on you?" one officer asked me, to which I replied "Yes officer me tongue."

I now know that the police are an outdated, overpaid, ruthless, bigotted, rascist, bunch of lawless thugs (Actually I knew that 20 years ago) footage from Holland Park shows the police in their true form as thugs for the state and if the truth be known if it were any other person shoving or throwing people onto a telephone box intent on causing them serious injury, we'd find ourselves up in front of the police courts being stitched up on silly little common assault charges or assault on police, so why is it that the police can just as easily break the law they are supposed to uphold?

Thanks to the likes of Jane Laporte and the hard work carried out by all the legal team we have secured the freedoms to continue to stand up and speak out where something is unjust and wrong, thank you Jane we love you here in Islington.

Oh by the way Chief Constable may I have me Action Man back now?

Patrick MacRodain
- Homepage: http://www.saxonthefilm.com


Re-Educate the Police ???-

15.12.2006 13:52

Re-Educate the Police ???
Re-Educate the Police ???

Speaking to one CPSO on Wednesday at Parliament Square, I was informed they like the rest of the police are not allowed to have an opinion on anything, WOW thank goodness for Jesse, Jane and all those on the coaches cause we still have the freedoms to express our views on an unjust war, time for action, time to bring the troops home and time to re-educate the police in all divisions around the UK that democrasy actually means something and we have the right to express our views and opinions without being denied our basic human rights which the police denied us so pay up and stop the excuses your in the wrong not us.

Pay us up plod what we're due otherwise it'll be all of us sending the bailiffs around to see you.....

SERVING YOU RIGHT

Patrick aka The Notorious Heckler