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lawyers launch legal challenge to kettling Watch

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    http://www.guardian.co.uk/education/...hts?CMP=twt_gu

    Source: the Guardian

    Student fees protest: lawyers launch legal challenge to kettling
    Kettling breaches human rights, lawyers for five student fees demonstrators tell Metropolitan police commissioner

    Lawyers have launched a legal challenge to the police tactic of kettling during recent student demonstrations, claiming a breach of human rights.

    The lawyers, acting for five of the thousands of demonstrators penned in by police last Thursday, have written to the commissioner for the Metropolitan police, Sir Paul Stephenson,arguing that kettling breaches European human rights legislation.

    The latest student demonstration saw thousands of people descend on London to protest about the rise in tuition fees and the drastic cuts to post-16 education.

    There were outbreaks of violence and several thousand demonstrators were kettled for hours in falling temperatures in three separate locations in central London.

    The five demonstrators – including four sixth-formers – say they were kettled for up to five hours in Trafalgar Square.

    Bethany Shiner, 23, the lead claimant, said: "I was with a group of young people who behaved at all times perfectly properly and lawfully. We then found ourselves kettled in sub-zero temperatures."

    Shiner, who has completed a masters degree in art and politics at Goldsmiths, University of London, added: "It is outrageous that the police should resort to such tactics against all protestors, most of whom were acting peacefully."

    The are represented by Bethany's father, Phil Shiner, of Public Interest Lawyers. He says the police tactics breach articles 5, 10 and 11 of the European convention on human Rights. "My clients are very concerned that the Metropolitan police are now using kettling as a stock response to all public protests and appear to have authorised kettling in advance of this particular protest," he said.

    He has sent a pre-action letter to Stephenson and the police have 14 days to respond. He added: "The police are required to have a range of lawful responses to different scenarios and not just resort to the most coercive tactics at the first sign of trouble. The policy of kettling has to be struck down."

    The legal challenge came as the Met said more than 180 people have been arrested conerning the student protests. Senior officers said most of the 182 suspects were aged between 17 and 25 and had no records of violence or crime.

    Detective Chief Superintendent Matt Horne, who is leading the inquiry, said he expects more people to be arrested as a team of 80 officers comb through video and stills footage.

    Speaking at New Scotland Yard today, where protesters were expected to attempt to "kettle" police later, he said the inquiry could take months to complete.

    In apparent contradiction to Theresa May's comments in the Commons yesterday, when the home secretary blamed violence on "an organised group of hardcore activists and street gangs", Horne added: "What struck me is the number of people arrested who did not go that day with necessarily any intention of committing any violent action."

    He said there had been a "stark contrast" between scenes in Westminster and at the protesters' homes, where police had been confronted with crying parents and shocked young people.

    He added: "I would urge those who turn up for protests to think about the impact this could have on their future careers. When they are shown footage of their actions that day, some are shocked by the impact of their behaviour."

    Stephenson said he had been "stripping London out" to police the protests, adding that almost 3,000 officers were deployed last Thursday. The Met had ruled out using water cannon three years ago, but was taking advice from colleagues in Northern Ireland about whether they could be used in London.

    Senior officers would consider asking the home secretary to ban forthcoming marches.
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    It is inhumane to leave them for hours on end with no toilets, food or water. And, when they do "let them out", they just lead them to another area to be kettled. They don't even realise most of the "anarchists" got out already, and they are just kettling the peaceful protesters.

    edit: You should copy and past the article.
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    (Original post by channy)
    It is inhumane to leave them for hours on end with no toilets, food or water. And, when they do "let them out", they just lead them to another area to be kettled. They don't even realise most of the "anarchists" got out already, and they are just kettling the peaceful protesters.

    edit: You should copy and past the article.
    Done
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    What else are the police supposed to do!

    When faced with voilent protestors (albeit I fully acknowledge they are in the minority), do they just let them have free reign over London and causes mass destruction (as they have done in the past)? There are other techniques they can use yes, but Kettling is perhaps one of the 'better' methods, b/c it ensures at least other individuals from the general public don't get hurt/caught up.
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    (Original post by manchild007)
    What else are the police supposed to do!

    When faced with voilent protestors (albeit I fully acknowledge they are in the minority), do they just let them have free reign over London and causes mass destruction (as they have done in the past)? There are other techniques they can use yes, but Kettling is perhaps one of the 'better' methods, b/c it ensures at least other individuals from the general public don't get hurt/caught up.
    Please, just get out.
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    (Original post by manchild007)
    What else are the police supposed to do!

    When faced with voilent protestors (albeit I fully acknowledge they are in the minority), do they just let them have free reign over London and causes mass destruction (as they have done in the past)? There are other techniques they can use yes, but Kettling is perhaps one of the 'better' methods, b/c it ensures at least other individuals from the general public don't get hurt/caught up.
    Given that bystanders were caught in the kettle and the Royals had paint thrown on their car, doesn't sound like kettling achieves the purpose you state.

    Kettling DOES make people angry and how can it be just to deny people to food, medical attention and sanitary toilet facilities?

    Mass destruction? I feel terribly sorry for the broken phone boxes, windows etc.
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    This has been done (identical facts) before in a case called Austin v Commissioner of Police for the Metropolis [2009] UKHL 5; [2009] 2 WLR 372 - the House of Lords have decided that kettling does not breach the European Convention of Human Rights

    http://business.timesonline.co.uk/to...cle5607670.ece <- short summary
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    stupid lawyer doesn't he know the police are above the law?

    or at least that's what the police seem to think. shoot the lot i say :fuhrer:
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    I really hope to see something come from this, and hope it doesn't disappear under the carpet like we might cynically expect at first.

    Regardless of supporting or not supporting the protests, I'd really like to see the police finally challenged legally on the recent kettling, which I agree is a breach of human rights in the manner it was done during the student protests.
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    (Original post by No Future)
    Given that bystanders were caught in the kettle and the Royals had paint thrown on their car, doesn't sound like kettling achieves the purpose you state.

    Kettling DOES make people angry and how can it be just to deny people to food, medical attention and sanitary toilet facilities?

    Mass destruction? I feel terribly sorry for the broken phone boxes*, windows etc.
    Twas just one phone box. And Topshop's window, shame it wasn't Topman...
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    Oh come ON
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    (Original post by The West Wing)
    This has been done (identical facts) before in a case called Austin v Commissioner of Police for the Metropolis [2009] UKHL 5; [2009] 2 WLR 372 - the House of Lords have decided that kettling does not breach the European Convention of Human Rights

    http://business.timesonline.co.uk/to...cle5607670.ece <- short summary
    K.
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    Good luck with that. We have the most liberal police when it comes to riots. Look at Greece and FRance where they use tear gas and water cannon.
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    (Original post by manchild007)
    What else are the police supposed to do!

    When faced with voilent protestors (albeit I fully acknowledge they are in the minority), do they just let them have free reign over London and causes mass destruction (as they have done in the past)? There are other techniques they can use yes, but Kettling is perhaps one of the 'better' methods, b/c it ensures at least other individuals from the general public don't get hurt/caught up.
    You seem to forget that the day protesters managed to avoid being kettled there was no violence.

    I'm not saying that there are not protesters who are out to cause problems and hell bent on violence.

    But its quite obivous to see that by kettling people into small areas, not allowing them to leave and then battering those people who do then attempt to brake the police lines just fuels and exacerbates the problem. How do you expect people to act when you have disabled people dragged from wheelchairs, young girls hit with trugeons, whilst elderly and pregnant women are being shoved to the floor?
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    (Original post by mrnightcat)
    I really hope to see something come from this, and hope it doesn't disappear under the carpet like we might cynically expect at first.

    Regardless of supporting or not supporting the protests, I'd really like to see the police finally challenged legally on the recent kettling, which I agree is a breach of human rights in the manner it was done during the student protests.
    Its been challanged and reviewed a few times and there is another review going on right now.
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    (Original post by channy)
    K.

    The House of Lords is where the Supreme Court judges sat before 2010 - it is the same thing constitutionally in terms of authority. This case is extremely unlikely to get anywhere because of this recent challenge.
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    (Original post by Broderss)
    stupid lawyer doesn't he know the police are above the law?

    or at least that's what the police seem to think.
    This.

    Blair Peach, Menezes, Tomlinson?

    Time after time they get away with murder.
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    (Original post by sete)
    You seem to forget that the day protesters managed to avoid being kettled there was no violence.

    I'm not saying that there are not protesters who are out to cause problems and hell bent on violence.

    But its quite obivous to see that by kettling people into small areas, not allowing them to leave and then battering those people who do then attempt to brake the police lines just fuels and exacerbates the problem. How do you expect people to act when you have disabled people dragged from wheelchairs, young girls hit with trugeons, whilst elderly and pregnant women are being shoved to the floor?
    Indeed, there was a protest before the 9th Dec and after Millbank that resulted in little, if any violence and damage and this was a protest in which the police failed the kettle protesters
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    (Original post by Aj12)
    Its been challanged and reviewed a few times and there is another review going on right now.
    Ah, okay, thanks. I've not been catching up on the facts that quickly lately. Hopefully this time something significant will come from the review.
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    Why can't these protests stay on its planned route?

    Going off the planed route makes it illegal

    'Kettling' is done to contain a protest that has already gone off its planned route

    You can bring your precious iphones and ipods wit you, your hoods and enough gear to make sure no one can identify you but you can't bring a sandwich and a bottle of water?
 
 
 
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