PRESS STATEMENT: 8 JUNE 2020
The information we received from independent legal observers on the ground during Black Lives Matter protests over the weekend was that a Section 35 dispersal order, enabling officers to direct people to leave and not return from the area because of “anti-social behaviour”, was authorised on Saturday for 24 hours and was therefore in place last night. This was based on assumptions about what individuals might do over this period. Although both kettling people and asking them to disperse seems completely contradictory, the kettles were justified by police over a more immediate concern about alleged “breaches of the peace”.
However, subsequent events indicate this was not the only reason for them.
On Sunday evening, legal observers witnessed the police only allowing protesters (including some minors as young as 12) to leave the kettles in ones and twos into a sterile area outside of the police lines, so that officers could film each individual. Face masks were pulled down to make sure faces were captured.
Officers also demanded people give their names and addresses under another anti-social behaviour power, section 50 of the Police Reform Act – we believe there was at least one arrest for refusing to comply with this.
We also had reports that officers were saying that “Mengesha rights do not apply tonight”. This is a reference to a High Court ruling in 2013 that police powers to prevent a breach of the peace cannot be used for other purposes such as intelligence gathering.
There are numerous issues of concern about the arbitrary use of police powers over the weekend. To begin with, protest is not anti-social behaviour, it is a legitimate means of exercising your rights and protected by the Human Rights Act. Applying a collective restriction using section 35 powers ignores international legal rulings that isolated acts of disorder do not automatically mean that all protesters forfeit their rights to freedom of assembly and expression.
An individual does not cease to have these rights as a result of sporadic acts committed by others in the course of a demonstration. Collectively punishing everyone is disproportionate and potentially unlawful.
Secondly, there are serious questions about why officers felt it was acceptable to ignore the legal limits of their powers by photographing everyone leaving the kettle. Kettling is not permissible for any purpose other than to prevent a breach of the peace and only for as long as that remains likely to continue.
The Metropolitan Police has had to pay out tens of thousands of pounds for unlawful actions in the past and they can expect further legal challenges in the future.
This was disgusting behaviour by the police .A few teenage boys started throwing bottles & running away & police were pushing the crowds back & I quickly ran to safety under an archway. A few minutes later police in riot gear surrounded everyone nearby telling us we’re all being detained( kettled ). I am a woman in my 50 s who had been at the peaceful protest & was walking around taking photo’s.They contained some of the protestors on a narrow walkway , this is where I was first & I pleaded with them that I was feeling panicky / claustrophobic to be shut in a dark walkway , they said nothing they can do .So I had to climb over a high wall to get over to the other side where there was more space & didn’t feel so confined, where the rest of the protesters were. I pleaded with the police at least 5 times that I needed the toilet & they said they can’t help . I was also starving & thirsty as was just about to return home to eat . It was freezing cold & had no choice but to sit on the concrete for 5 hours until police decided we’d suffered enough. They let us out one by one with 2 officers frog marching us to a camera where we were told to look into the camera & we were photographed without our permission. I at first refused to give them any details & I was threatened with arrest unless I told them my name & date of birth .I was scared as it was now near 2 am & they’d been surrounding us since 8.30 pm. The last tube home had long gone so I was going to get the bus around the corner at the strand . Police then told me that every one who was detained is banned from the area & I cannot get the bus from the strand & I was forced to walk along the embankment to Waterloo bridge. Due to corona virus there was hardly any people or cars around & I was scared . I then had to walk up a quiet creepy stair case to get up to Waterloo bridge.It is dangerous for a woman to be out at 2 am when the streets are so deserted .There were lots of young teenagers amongst the people that were contained & a woman who was about 55 & she was crying as she was hungry & needed to go home . They also ignored pleas that I needed to be home to take medication .I am going to speak to a lawyer as this was definitely an abuse of power .