Europe’s top human rights official has urged the UK government to review its protest laws following a wave of arrests linked to the recent ban on Palestine Action.
Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, wrote to Home Secretary Shabana Mahmood expressing concern that the current legal framework allows authorities to “impose excessive limits on freedom of assembly and expression, and risk overpolicing.”
O’Flaherty called on the government to reassess both existing and proposed legislation, including the new crime and policing bill currently under review in the House of Lords. The bill would make it a criminal offence to conceal one’s identity during a protest, a move he warned could further restrict fundamental freedoms.
Hundreds of people have been arrested since the proscription of Palestine Action under the Terrorism Act came into force on 5 July. Many were detained for holding signs that read, “I oppose genocide, I support Palestine Action.”
In his letter, O’Flaherty acknowledged that “support” for a banned organisation constitutes an offence under the Terrorism Act 2000, but emphasised that laws targeting terrorism or violent extremism must not impose unnecessary limitations on basic rights, including the right to peaceful assembly. He urged the government to ensure that any restrictions are strictly necessary for the protection of national security and the rights of others.
He also criticised previous legislation — including the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 — for continuing to grant authorities powers that “risk overpolicing” and impose “excessive limits” on public demonstrations.
Following recent court rulings that deemed certain protest regulations unlawful, O’Flaherty encouraged the government to review all arrests and convictions based on these measures. He further recommended a full review of the UK’s compliance with international human rights obligations regarding protest policing.
The proposed crime and policing bill would criminalise concealing one’s identity in areas where police believe protests are occurring or likely to occur, especially if they involve illegal activity. While police already have the power to order individuals to remove face coverings, O’Flaherty said the new provision’s “blanket nature” raises serious concerns about necessity and proportionality.
His remarks came as the International Federation for Human Rights (FIDH) accused several Western governments — including the UK, France, and Germany — of “criminalising the right to protest.” The FIDH report alleged that authorities have increasingly “weaponised” counter-terrorism and anti-antisemitism laws to suppress dissent and support for Palestinian rights in Gaza and the occupied West Bank.
Civil liberty organisations have also voiced alarm over Mahmood’s latest proposals to expand police powers in England and Wales. Announced in October, the new measures would allow officers to impose stricter conditions on protests by considering the “cumulative impact” of previous demonstrations.
The Home Office has been approached for comment.
