Lord Advocate responds to watchdog's Palestine Action arrests warning
The Scottish Human Rights Commission chair, Professor Angela O'Hagan, had written to both Bain and Police Scotland chief constable Jo Farrell raising concerns that the force's handling of Palestine protests risked breaching the right to free expression and freedom of assembly.
READ MORE: Number 10 warns Sally Rooney risks terror offence after Palestine Action comments
'It is vital that Police Scotland and the Crown Office and Procurator Fiscal Service remember that there are very narrow circumstances under which political speech and ideas can be lawfully restricted, under European Convention on Human Rights [ECHR],' O'Hagan said.
'Whether the proscription of Palestine Action amounts to a justified interference is a matter for the courts and UK Parliament. However, the proscription should not and does not inhibit the right to peaceful protest.
'There is a difference between support for a proscribed organisation and support for a political or moral viewpoint. Law enforcement that does not recognise this distinction is a risk to human rights.'
In a response published on Monday, Bain said she hoped to reassure the human rights chief that they 'share much common ground'.
Dorothy Bain is Scotland's Lord Advocate (Image: (Andrew Milligan/PA))'I recognise the fundamental right of people to protest within legal boundaries,' Bain said.
'I agree it is imperative that the right to peaceful protest, as guaranteed by articles 9, 10 and 11 of the European Convention on Human Rights, is upheld. Any interference must of course be justified, proportionate and in accordance with the law.'
She went on to acknowledge 'sensitivities' around the UK Government's decision to proscribe Palestine Action in July, saying: 'Cases involving 'Palestine Action' reported to the Procurator Fiscal will be considered by a specialist prosecutor, overseen by senior prosecutors.
'The prosecutor will carefully examine whether there is sufficient evidence and determine what action, if any, should be taken in the public interest.
'This process ensures that all cases are handled fairly, regardless of the nature or cause of the protest.
READ MORE: Reform councillor shares stage with 'neo-Nazi' at protest in Falkirk
'The rule of law would be undermined if police and prosecutors applied the criminal law inconsistently according to the cause of the protest.'
Bain also pointed O'Hagan to guidance given to Police Scotland 'on the arrest and liberation of individuals involved in protest'.
'These guidelines … make clear that 'The right to peacefully protest is protected by law and it is anticipated that peaceful protest will be facilitated by any police response',' Bain said.
The Lord Advocate's letter comes after activists levelled allegations at Police Scotland saying the force had breached their human rights to free expression.
Activists have been charged under terrorism offences for wearing T-shirts bearing the slogan 'Genocide in Palestine time to take action'.
Over the weekend, Police Scotland officers were seen detaining a man in Glasgow who was wearing a satirical T-shirt calling for 'Plasticine Action' and opposing AI-generated animation.
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