A key legal test over the right to protest has culminated in a verdict at the Court of Appeal today. A judge has today ruled that some of the original sentences handed down to 16 climate crisis activists were “manifestly excessive” and did not comply with human rights laws. However, Just Stop Oil has reacted angrily – saying the UK justice system has been “captured” by the rich and powerful.
Just Stop Oil mass appeal: piecemeal changes
The mass-appeal hearing for the 16 Just Stop Oil activists, which took place over two days last month, has resulted in sentence reductions for the following six protesters (ages are those at the date of the incidents in question):
- The Whole Truth Five’ – Roger Hallam (aged 58; sentenced to five years; reduced to four years), Cressida Gethin (aged 20; four years; reduced to 2.5 years), Louise Lancaster (aged 57; four years reduced to three years), Daniel Shaw (aged 36; four years; reduced to three years) and Lucia Whittaker De Abreu (aged 33; four years; reduced to 2.5 years). All had been convicted of conspiracy to cause a public nuisance, for planning nonviolent disruption on the M25 to stop the granting of new oil and gas licences.
- Gaie Delap (20 months; reduced to 18 months); Ms Delap was 75 years old at the time and was convicted of public nuisance for her involvement in the M25 protest.
The sentences of 10 other protesters involved in the conjoined appeal were not reduced:
- ‘M25 Gantries’– George Simonson (aged 22; two years), Theresa Higginson (aged 24; two years), Paul Bell (aged 22; 22 months), and Paul Sousek (aged 71; 20 months). Along with Ms Delap, they had participated in the action planned by the Whole Truth Five (above), by climbing onto gantries over the M25.
- ‘Navigator Tunnellers’ – Larch Maxey (aged 50; three years), Chris Bennett (aged 31; 18 months), Samuel Johnson (aged 39; 18 months) and Joe Howlett (aged 32; 15 months) occupied tunnels dug under the road leading to the Navigator Oil Terminal in Thurrock, Essex.
- ‘Sunflowers’ – Phoebe Plummer (aged 21; two years) and Anna Holland (aged 20; 20 months). They had thrown soup on the glass protecting Van Gogh’s Sunflowers painting.
Captured by the wealthy
Just Stop Oil has issued the following statement:
The British Courts have been captured, lock, stock and barrel by the powerful, by the ultra wealthy, by those who can not see beyond business as usual. These Judges would be sending those who hid Anne Frank to the cattle trucks while hiding behind ‘the rule of law’.
To consider what the Just Stop Oil 16 have done without considering the horror of a heating world, of billions dying in the coming decades, without recognising that our current economic system risks ending the rule of law and ordered civil society is frankly immoral. Today’s ruling is another nail in the crucifixion of Justice.
Just Stop Oil recognises the courage of the many hundreds of ordinary people who have been tried and imprisoned over the last three years, many routinely denied any legal defence and the reasons why they acted considered neither ‘here nor there’ by the court. We recognise and honour the sacrifice of those who are still in prison, and those facing court cases that could end in imprisonment.
The protesters’ legal arguments were supported by the environmental justice organisations Friends of the Earth and Greenpeace UK, who had permission to intervene specifically in the sentencing appeal of the ‘Whole Truth Five’.
The UK: world-beating in authoritarianism
Hundreds of people gathered outside the court across both days of the hearing in January in a show of solidarity with the appellants. This included TV presenter Chris Packham and the actor Juliet Stevenson, and campaign groups Amnesty International, Liberty and Not1More were among those who joined calls for leniency with regard to peaceful protest. The great-granddaughter of famed suffragette Emmeline Pankhurst, Helen Pankhurst, shared her support for the 16 activists ahead of the appeal.
Research published in December found that Britain leads the world in cracking down on climate activism, with environmental protesters arrested at nearly three times the global average rate. Until recent changes to the law were brought in by the former government, it was virtually unheard of for peaceful protest to result in jail time.
Speaking to the Financial Times at the time of the hearing, UN special rapporteur for environmental defenders, Michel Forst, said that “Disproportionate sanctions for protests… have a significant adverse impact on the most fundamental freedoms.” He added that these are not felt just by those “personally criminalised” for protesting, but for all who’d like to participate in protest actions that are then deterred for fear of punishment. This same argument was made by Friends of the Earth in their submissions to the court.
Katie de Kauwe, senior lawyer at Friends of the Earth, said:
Supreme Court judge Lord Hoffmann once ruled that civil disobedience on conscientious grounds has a long and honourable history in this country. We welcome the point of principle in today’s ruling that sentencing for peaceful protest needs to factor in both the defendant’s conscientious motivation, and protections afforded under the European Convention of Human Rights. This is a positive development for the environmental movement as a whole, and for all peaceful movements holding the government to account.
Friends of the Earth is pleased that the Court of Appeal has reduced at least some of the climate activists’ sentences. Ultimately however, we believe that locking up those motivated by their genuine concern for the climate crisis is neither right or makes any sense – and at a time when our prisons are so grossly overcrowded.
Friends of the Earth is proud to have supported the climate activists in their pursuit of justice. We urge the government to repeal the raft of regressive anti-protest legislation brought in by its predecessors to curb dissent and set about restoring the UK’s reputation as a tolerant country.
Just Stop Oil: this isn’t over
Areeba Hamid, co-executive director at Greenpeace UK, said:
Despite some modest reductions, these sentences are still unprecedented and they still have no place in a democracy that upholds the right to protest.
This appeal has led to some important clarifications and a recognition that the trial judge was mistaken in denying the protestors the protection of certain legal rights and in discounting the conscientious nature of their motivations.
But this ruling will not halt, let alone reverse, the UK’s slide towards authoritarianism that began under the last government but is being enthusiastically embraced by this one. Even the most everyday protests, marches and rallies organised in cooperation with the police, are being demonised and blocked. If you care about anything any corporation or anyone in a position of power is doing, or should be doing, you should be incredibly concerned about your freedom to speak out. If you don’t raise your voice now, you may lose it forever.
Featured image supplied
