Wednesday, 13 Dec 2006 12:27
The Fairford protestors were turned back to London
Peace campaigners who were prevented from attending an anti-war demonstration at an RAF base in Gloucestershire had their rights breached, law lords have ruled today.
Officers led by Gloucestershire police detained about 120 protestors on their coaches as they made their way to a protest on March 22nd 2003 at RAF Fairford, which was used as a base for US B-52 bombers taking part in the war in Iraq.
The protestors were turned back to London and refused entrance to the demonstration as police attempted to reduce the risk of a repeat of earlier protests which led to "large-scale criminality" and damage to the perimeter fence and military vehicles.
Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood and Lord Mance upheld an earlier court of appeal decision which ruled that police acted unlawfully.
Ruling this morning, the peers also decided that the police had violated the protestors' rights to freedom of movement and of lawful assembly, overturning an earlier high court ruling in favour of the police.
The lords upheld an appeal by one of the passengers, Jane Laporte, and also dismissed a cross-appeal by Gloucester police.
"There was nothing about most of the passengers, and in particular nothing about Ms Laporte, which could suggest any violent intentions," Lord Brown of Eaton-under-Heywood said in coming to his judgment.
"Further, no attempt was made to ascertain affiliations or intentions. On the contrary, individual protestors were given neither the opportunity nor any incentive to explain their positions.
"Until the coaches were again underway, they were on the contrary allowed to think that they were going to be able to continue to Fairford, and, once the coaches were under way and the contrary became clear, the coach doors were held shut by police outside to prevent passengers disembarking."
He added that in those circumstances, "even if any preventive action had been justified against anyone at Lechlade", he found the actions of police "unreasonable and disproportionate", particularly against Ms Laporte.
Gloucester police have expressed disappointment at the ruling but pointed out that the lords acknowledged the "difficulties faced by officers" at the time.
A force statement highlighted comments from Lord Bingham and Lord Rodger in coming to their decisions noting the "care" and planning police had taken in the operation.
"Despite this Gloucestershire Constabulary accepts the judgment and we will be reviewing our policies accordingly," the force said.
"The force would like to take this opportunity to express its regret for any inconvenience caused to the peaceful protestors who were affected by its actions on March 22nd 2003."
Ms Laporte said she was delighted by the ruling and her solicitor, John Halford of Bindman and Partners, called it a "landmark" decision.