Judge backs false imprisonment of May Day protesters

THE JUDGEMENT in the May Day case, delivered on 23 May, made it a sad
day for democratic rights. Judge Tugendhat ruled in favour of the
police, saying that their containment of up to 3,000 protesters on May
Day 2001 was lawful.

By a socialist reporter

The May Day detainees always maintained that the containment was
illegal and that human and civil rights were denied. On a cold, wet day
protesters were held with no water, food or toilet facilities.

The police’s court defence claimed that a breach of the peace was so
imminent when the containment was first put into effect, that no other
tactic was open to them but to hold the crowd this way. They said they
used ‘breach of the peace’ powers under common law to justify this
action.

The police said the crowd’s behaviour in Oxford Circus when the
cordon was put in place, was such that containment, a ‘draconian tactic’
(in one police officer’s own words), was necessary.

The May Day detainees always said the police’s actions exaggerated
the danger of violence before, during and after the demonstration. The
police’s own logs, from officers stationed in Oxford Circus before and
during the containment, describe the crowd as "bored but
calm".

Authoritarian

In fact, the minutes of police meetings deciding operational policy
on May Day show that no other strategy, apart from full-scale
containment of the whole group, was ever discussed. As far back as
February 2001, the minutes show the police had decided that containment
was the tactic they would use on Mayday, three months later!

May Day detainees wondered how the Met’s ‘thought police’ could have
known what the crowd’s mood would be this far in advance? How could they
claim that containment was due to an imminent breach of the peace? Did
the police have no tactic ready for use other than containment, one of
the most extreme and authoritarian tactics for dealing with
demonstrations – a truly Orwellian tactic!

The judge ruled that the containment was not unlawful under the Human
Rights Act, even though it clearly states that the police can only
detain an individual to arrest them and bring them before a court.
Clearly all 3,000 protesters were not arrested or brought before a
court.

The most worrying thing about this judgement is that the police will
see it as giving them the green light to use containment on future
protests. Will they now feel even more confident to imprison protesters
falsely at July’s G8 summit in Gleneagles or on future anti-war
protests?

The judge argues that experienced protesters should have known that
there would be a violent contingent on the May Day 2001 demonstration
and cannot be surprised when they are held along with them. The police
also argued at the trial that non-violent protesters and political
activists acted as a cover for violent protesters.

May Day detainees believe this criminalises protesters. The
overwhelming majority of May Day protesters were peaceful. Most of the
crowd, to their credit, remained calm despite police provocation and
their irresponsible tactic of pushing everybody closer together into the
centre of Oxford Circus, risking a crush.

False imprisonment

To say that because some protesters were violent, all demonstrators
had to be treated the same, or that they acted as a "cover for
violence" is an outrage.

There is more violence at an average football match or town centre on
Saturday night than there was on May Day 2001. Do we ban all football
matches? Or imprison all Saturday night revellers? This judgement could
hit demonstrators now and the trade union movement when protests grow in
future.

The detainees still maintain this was false imprisonment. This
judgment is designed to strengthen police powers when dealing with
protesters. It aims to put people off coming on future demonstrations.

Certainly on May Day 2001, rows of riot police brandishing truncheons
and shields, photographing and harassing young people as they left the
containment was clearly enough to frighten any first-time protester.

For the detainees, all this talk of violence diverts attention away
from the political issues. The anti-capitalist movement, involving tens
of thousands of people globally, has been motivated to take action
against third world debt, poverty, environmental destruction and now war
and occupation.

The legal and political establishment want a muted opposition. This
judgement, they hope, will go some way to give them that. In the current
post-9/11 climate of a strengthening of state powers, like detention
without trial, it seems the powers that be believe legislation to impede
the right to protest can go through unchallenged.

The detainees will continue to challenge undemocratic laws and
restrictions on our right to protest. They have been given leave to
appeal and are considering doing just that.