The ‘kettling’ of protesters and others by the Metropolitan Police in 2001 did not violate their human right to liberty and security, the European Court of Human Rights ruled today.
The case was brought to the Strasbourg court by a demonstrator and three passers-by who had been cordoned off and held by the police at Oxford Circus, London, from around 2pm until between 8pm and 9.35pm on 1 May 2001. They were contained as part of a 1,500-person crowd that had gathered at Oxford Circus and elsewhere in London to protest against globalisation.
The court found that the people within the cordon had not been deprived of their liberty within the meaning of article five, the right to liberty and security, of the European Convention on Human Rights because the police had acted to isolate and contain a large crowd in ‘dangerous and volatile conditions’. This had been the ‘least intrusive and most effective means to protect the public from violence’ and, although the police tried dispersing the crowd throughout the afternoon, they had been unable to do so ‘as the danger had persisted’.
Roger Smith, director of human rights group Justice, said: ‘The court should be celebrated, not denigrated, for demonstrating that it is not some rogue institution that sets out to confound the UK’s every move. I don’t agree with the ruling - how can you corral people for all that time? - but the court has reached a reasoned decision based on proportionality. I would mark the judgment bad for substance, good for showing the court working well.’
London firm Bindmans partner John Halford, who acted for one of the claimants, said: ‘The judgment that kettling thousands of people on may day 2001 did not deprive a single one of them of their liberty will be near-incomprehensible to anyone who was actually there and held against their will for six hours.
‘Kettling is simply bad policing. It stifles legitimate protest, is inherently arbitrary and undermines the basic principle that the police must always act with the consent of those who have committed no crime.’
James Welch, legal director at human rights group Liberty, said: ‘At a time of social unrest across Europe, the court was perhaps nervous about being seen to impugn police tactics. Closer to home, however, we have already had many serious discussions with the police and parliamentarians about the dangers of kettling and hope to see the development of fairer, safer and less counterproductive practice.’
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