Dear Sir Mark,
I am writing with respect to the policing of protest activities, particularly those relating to current events in the Middle East.
I am aware that the Metropolitan Police is currently evaluating its policy in respect of decisions regarding protests planned to take place during the period of remembrance this weekend.
I know that you will also be mindful of the importance of ensuring that Jewish people in the Capital are able to feel safe and secure and not subject to hostile or threatening actions during this period of heightened anxiety for them.
I know that the Metropolitan Police will focus on its duty to enforce the law and discharge its obligations, mindful particularly of the importance of the rights to freedom of expression and freedom of assembly under Articles 10 and 11 of the European Convention on Human Rights.
You will also know that these rights are not absolute, and may be restricted in certain circumstances; any such actions must be necessary, lawful and proportionate.
The law is clear that “no restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
The Commission understands that tensions are exceptionally high at present, with many groups of our fellow citizens feeling vulnerable and threatened. Violence and threatening behaviour, in particular towards people on the basis of the protected characteristics, such as race and religion, are never acceptable. We urge protestors to exercise their right to lawful assembly responsibly and to avoid causing any anxiety to their fellow citizens, whose rights and freedoms we also stand to defend.
The Commission also appreciates that policing such protests lawfully and safely involves an ongoing complex balancing of rights and duties, and decisions are taken in rapidly changing circumstances.
We remain ready to advise the Metropolitan Police in navigating the delicate balance these rights entail.
Yours sincerely,
Baroness Kishwer Falkner
Chairwoman of the Equality and Human Rights Commission
