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
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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
Comments
Hide the following 4 comments
This isn't a victory
10.06.2010 18:33
The police spent 5.3 million of taxpayers money on their criminal operation, most of which went into officers pockets in the form of wages and overtime. How about every officer have is wages stopped for the operation for starters ? Or are they to be allowed to profit from their crimes ?
This isn't a victory is an exercise in PR damage limitation.
the man who always packs a knife in his luggage when he goes camping
@ the man who always packs a knife in his luggage when he goes camping
12.06.2010 14:26
ME
Police operation arounf Kingsnorth was a great example
12.06.2010 15:54
At the end of the day, the police completely negated the usual activist nonsense by policing them "up close and personal" and speaking as a Kent resident, I was delighted at home they dealt with the crowd of unwashed hooligans who descended on the Hoo peninsula for the event. The power station continued to function, no real disruption took place and the police managed to make it really unpleasant for those who, and lets be honest here, turned up for either a ruck with the police/ to commit criminal damage/ disrupt power supply to the national grid. The stated aim of the climate camp was to carry out direct action (I .e cause disruption against a critical piece of the UK's infrastructure, which is supplying power for hospitals, streetlights, heat and light etc, and this leaves the police in a position where they are damned if they do nothing, or if they act as they did to protect the power supply.
I think it would have been more apt to take legal action against any individual or organisation that organised the camp to recover the policing costs, much fairer on the taxpayer anyway. It’s ironic that we taxpayers have to pay for a bunch of social dropouts to cause mayhem. I have no problem with organised protest, which is announced and controlled by the police in a safe manner, but the climate camp was definitely not one of those.
All the whinging from the activists was because for once, just for once, they didn’t get it all their own way, which was gratifying to see the police dealing with them correctly for once. At to now, cue a stream of blaggers and ambulance chasing lawyers encouraging people who were
Daffy Duck
@Daffy Duck: great satire!
13.06.2010 20:48
lol, great troll. Just the right balance of right-wing indignation and BBC reasonableness to sound genuine!
More satirical comments like this on Indymedia please!
ACAB