This week, Kent Police agreed to pay compensation to three people who were stopped and searched at the Camp for Climate Action near Kingsnorth Power Station in 2008 (1). This follows a historic High Court victory for the climate protesters in January, when the Kent Police’s controversial mass search operation at the 2008 camp was found to be unlawful (2).

This week, The Chief Constable of Kent Police went further, admitting that the entire stop-and-search operation was a violation of the public’s human rights to privacy, freedom of expression and freedom of association. The Chief Constable has now agreed to put this admission in a letter to the 25 other police forces involved in the Kingsnorth operation, in which he also notes that “lessons must be learned” (3). He will also write a letter of apology to the three claimants – climate campaigner Dave Morris and two children (who are too young to be named).

The solicitor acting for Mr. Morris and the twins, John Halford from Bindmans LLP commented:

"Kent Police has been forced to make a remarkable admission, thanks to this test case. It is that the outcome of one of the most expensive policing operations ever in the UK was a massive violation of the human right to protest. That such an admission has now been made in a letter to be sent to every other force, coupled with Kent's avowed commitment to learn lessons from what happened, is welcomed. That human rights breaches occurred on this scale, were not identified by the two internal police investigations into the operation, and ultimately had to be exposed by the activist and two tenacious children and who brought this case says something very worrying about policing of peaceful protest about vital issues like climate change."

Sarah Horne, who participated in the 2008 camp, said:

“We were there to protest against plans for a climate-wrecking new power station at Kingsnorth. We held a week-long public camp, packed with workshops, talks, action planning and demonstrations of sustainable living. We were met by a policing operation based on harassment, intimidation and violence. It wasn’t just the unlawful searches: hundreds of people’s possessions were seized, from walking sticks to crayons to health and safety supplies. Riot police burst onto the site on a number of occasions and started beating people with batons, without warning or provocation. This week, Kent police have offered compensation to three people – but thousands of members of the public were searched, attacked or otherwise harassed at the 2008 Camp. Are Kent Police going to compensate and apologise to them all?”

Another protester, Simon Stanley, said:

“Kent Police have now conceded that this enormous operation was unlawful. It involved 26 police forces, cost £5.3 million of public money, and seemed to be designed purely to harass thousands of people, deter them from protesting and to protect the interests of planet-trashing corporations like Kingsnorth’s owners E.ON. But it didn't work – thanks to all the protests, plans for a new power station at Kingsnorth have been shelved. Meanwhile, the Camp for Climate Action are now gearing up for action against the Royal Bank of Scotland in August 2010, over their funding of fossil fuel projects across the globe (4).”

ENDS

Notes for Editors

(1) The week-long family-friendly public camp involved extensive discussions and workshops, collective sustainable living, protests and direct action against government plans to expand coal-fired energy production in the light of its disastrous contribution to greenhouse gases and climate change. The power station's expansion plans have since been suspended. See  http://climatecamp.org.uk/actions/kingsnorth-2008 for more information.

For 7 days of the camp the attendant police forces, led by Kent Police, carried out a continuous, systematic and unlawful mass stop and search regime against the public.

(2) On 29th January 2010 the claimants, chosen as test cases, won their case against the police in the High Court in London when Kent Police admitted 'total surrender'. The three claimants, Dave Morris and 2 children (who can't be named as they are minors), were represented by Bindmans Solicitors. The police accepted an Order that the searches of the claimants had been 'unlawful', and constituted a violation of their human rights to privacy (breach of Article 8 of the European Convention on Human Rights), to freedom of expression (breach of Article 10) and freedom of association (breach of Article 11).

The case was won despite police efforts to deny there was any systematic stop and search policy at the camp. Their position collapsed after a key 'smoking gun' document came to light - 'Slide 18' of a power point briefing. One of a number of documents which were applied for and should have been disclosed in May 2009, the document finally surfaced 4 days before the hearing, on 25th January 2010. It revealed that the police 'bronze commanders' in charge of the operation at Kingsnorth were systematically giving briefings for blanket stop and searches.

(3) In January the Divisional Court held that there had been human rights breaches in each of the three test cases but said very little about the rest of the estimated 3,500 searches that took place that week. A settlement has now been reached under which the new Chief Constable of Kent will write to every other UK force stating:

"During the Operation... a briefing was issued which did not give reasonable grounds to stop and search the Claimants under section 1 PACE. The material part ... headed Slide 18, is also attached to this letter. As the October 2008 review undertaken by the National Police Improvement Agency found, this was interpreted as an instruction to search everyone. This interpretation by Officers within these circumstances has led Kent Police to face what it is we face today. Many people were searched as a result of these briefings. That should not have happened.

“I accept that the combination of the act of stopping and searching these individuals breached their rights under Articles 8, 10 and 11 ECHR and lessons must be learned."

(4) See www.climatecamp.org.uk