High Court Grants Judicial Review of Palestine Action Ban

The high court has said a bid to overturn the proscription of Palestine Action as a terrorist organisation can go ahead.

After deliberating for more than a week, Justice Martin Chamberlain sided with the claimant, Palestine Action co-founder Huda Ammori, by deciding her legal challenge should proceed to a full judicial review hearing. This could take place as early as September.

Barrister Raza Husain, acting on behalf of Ammori, described the ban as “an authoritarian and blatant abuse of power” in court last week.

Behind the scenes, home secretary Yvette Cooper is believed to have tried to block the challenge, arguing that it would be inappropriate and unnecessary because the Terrorism Act contains provisions to apply for de-proscription. But this can take years.

In his judgment, Justice Chamberlain said he would allow a full hearing to go ahead because it was “reasonably arguable that the proscription order amounts to a disproportionate interference with the Article 10 and 11 rights of the claimant and others”. He was referring to parts of the European Convention on Human Rights (ECHR) that protect freedom of expression and freedom of association, respectively. Additionally, he upheld an argument that the home secretary should have consulted Palestine Action before proscribing the group, “and, by failing to do so, acted in breach of natural justice and/or contrary to Article 6 ECHR,” which guarantees the right to a fair trial.  

The judge rejected a request to suspend the proscription until the judicial review hearing, which will take place in November.

Ammori said she welcomed the verdict “especially at a time when protesters – mostly elderly citizens – are being dragged off in police vans, held in detention for over 24 hours, having their homes raided and face criminal prosecution, simply for holding signs [saying] that they oppose genocide and expressing their support for Palestine Action.”

Today’s ruling against the home secretary adds to mounting pressure over the order, which Justice Chamberlain heard last week has had a chilling effect on the press, politicians and the public.

More than 300 people – including a priest, octogenarians and a magistrate – have been arrested since 5 July, when the ban came into effect, simply for holding signs saying they support the direct action group.

At least one person has been told by police that support for the Palestinian cause in general is now a terror offence, and people have been stopped for holding signs and wearing T-shirts with slogans that are similar to those used in support of the group, but should still technically be legal.

In a witness statement, Novara Media told the high court that the ban has had a stifling effect on our reporting, with a lack of clarity around the law posing a real threat to press freedom in this country.

On Friday, the UN Human Rights Chief Volker Türk described the ban as “an impermissible restriction on rights [to freedom of expression, peaceful assembly and association] that is at odds with the UK’s obligations under international human rights law.”

In a statement released just after the verdict, Ammori said: “Our fundamental freedoms as citizens of this country are at stake – not just for those of us who have been directly affected and gagged by the ban, but as Justice Chamberlain said today, there has been a wider ‘chilling effect on those wishing to express legitimate political views’ as a result of the ban, making people fearful to speak out against Israel as it commits genocide and starves the Palestinian people to death. 

“We will not stop defending fundamental rights to free speech and expression in our country and supporting Palestinian people against a genocide being live-streamed before our eyes.”