Detaining protesters was unlawful - court ruled (From Wilts and Gloucestershire Standard)

Detaining protesters was unlawful - court ruled

PEACE protesters who were detained on their way to a demonstration at RAF Fairford were unlawfully held by police, a court has ruled.

But judges also agreed that officers were entitled to stop them reaching Fairford for security reasons.

As a result, the matter may end up in court again because both sides are considering an appeal.

Around 60 passengers took legal action against Gloucestershire Constabulary after they were detained and turned back last March.

They were among three coachloads of campaigners who were making their way to the US-run airbase to protest against the war with Iraq.

Lawyers argued that the police action amounted to an abuse of power.

And, last week, Lord Justice May and Mr Justice Harrison, sitting in the High Court in London, ruled that the detention and forced turn back could not be justified under both common law and the European Convention on Human Rights.

But the protesters failed to gain a ruling that they should have been allowed to attend the demonstration - the judges also ruled that the police were entitled to stop them reaching the base because of fears of a breach of the peace.

Speaking after the hearing, protester Jane Laporte, a member of the Fairford Coach Action group, said: "It's a landmark decision - it will make a big difference to how police behave with demonstrators in future.

"But we believe were also had a right to attend the demonstration and the police actions were over the top. We are appealing that decision."

Hundreds of protesters descended on Fairford on March 22 and marched through the town before making there way to the base.

The Gloucestershire force mounted its largest ever operation to police the event and officers were drafted in from a number of other forces throughout the Iraq crisis.

The three coaches were intercepted and searched in a lay-by in Lechlade at 12.50pm, and items were seized.

At 2.15pm, the decision was taken to turn the coaches back to London, non-stop under police escort, because of advice taken about preventing violence by hardcore demonstrators.

The judge ruled that the detention of the passengers while they were escorted back to London was a breach of their right to liberty under Article Five of the Human Rights Convention.

Although disappointed at the ruling Gloucestershire Constabulary hailed the policing of the protest as a whole a success.

Deputy Chief Constable Martin Baker, who was on said: "It must be remembered that we were protecting a military airfield with a perimeter of over 13 miles in a time of war.

"The fact is that a relatively small number of people were inconvenienced, a very large number of people were able to protest lawfully and safely, and a group of hardcore activists were prevented from attacking and operational military airbase.

"The fact that these activists were intent on doing so is unquestionable - on their website they were calling this The Judgement Day and were encouraging other activists to come to Fairford to stop military operations by any means possible."

During the course of the war, there were 80 arrests and the perimeter fence was cut on no less than 70 occasions and over 80 arrests were made."