The UK Court of Appeal ruled on Friday that the British activist group Palestine Action may proceed with its legal challenge against the government’s decision to ban it under the Terrorism Act 2000.
Judge Sue Carr rejected the Home Office’s attempt to block the review, allowing co-founder Huda Ammori to bring the case before the High Court.
“[I]t’s time for the government to listen to the overwhelming and mounting backlash…and lift this widely condemned, utterly Orwellian ban,” Ammori wrote, in a statement issued following Friday’s decision.
In June, Home Secretary Yvette Cooper announced that the group would be proscribed as a terrorist organization under the Terrorism Act 2000 after members spray-painted two British aircraft allegedly holding weapons intended for Israel.
The ban, which came into effect in July, makes membership of or support for Palestine Action a criminal offense carrying a maximum penalty of 14 years’ imprisonment.
The judges held that the mechanism for appealing a proscription order through the Proscribed Organisations Appeal Commission (POAC) did not adequately protect the rights of individuals already charged under the ban. They concluded that judicial review provided a more appropriate and effective route to assess the legality of the decision.
The defense’s legal team argued that the Home Office failed to conduct a proper proportionality assessment under the Human Rights Act 1998 (HRA) and thus Articles 10 and 11 of the European Convention on Human Rights, which protect freedom of expression and assembly. The HRA is the UK statute that incorporates the rights contained in the ECHR into domestic law.
They also claim the government acted without adequate consultation or consideration of less restrictive measures.
The Home Office has maintained that Palestine Action’s activities met the statutory definition of terrorism due to repeated acts of criminal damage against facilities producing arms-related goods for Israel.
A hearing for the defense’s claim for judicial review is expected to be heard in November.
