PROTESTERS campaigning against the genocide in Gaza are facing charges over materials which counter-terrorism police specifically highlighted as not constituting a criminal offence.
Some 14 of the 36 people whose cases are to be heard at Edinburgh Sheriff Court on Tuesday were charged with expressing support for a terrorist group, according to the Scottish Palestine Solidarity Campaign (SPSC), as they wore T-shirts or held signs reading: “Genocide in Palestine, time to take action.”
But The National can reveal that top police officers singled this out in guidance as a Palestine Action-related slogan that was not against the law.
Counter Terrorism Policing, a whole-UK unit, prepared guidance last year which explicitly recommended against arresting people for displaying the slogan: “Genocide in Palestine, time to take action.”
In the document, obtained by a Freedom of Information request by a member of the public and shared with this paper, officers are advised: “It could be argued the prominent words of the sign are the words ‘Palestine’ and ‘Action’ this is because the text/font is far larger than the other words used on the sign. However, it is a cleverly crafted sign.
“Equally it could be argued that the sign is one of political commentary. Factually the sign contains two statements, which separately refer to 'Palestine' the country and 'Action' the verb.
“For this reason the [Crown Prosecution Service] have taken the view that this particular sign does NOT arouse reasonable suspicion that the displayer is a member or supporter of a proscribed organisation.”
Campaigners supporting the accused have pointed out that the recommendation came from the Crown Prosecution Service, which only covers England and Wales.
A number of those charged are said to have rejected the offer of a warning for alleged terrorism offences.
In a statement, the SPSC said that “nearly all” of the accused burnt letters offering them a warning instead of a prosecution in a protest outside the Scottish Parliament.
They accused Scottish prosecutions at the Crown Office and Procurator Fiscal Service of having “trivialised” terror offences by offering warnings, which they said were “more fitting for minor crimes”.
Campaigners also raised concerns about delays to cases, saying that at a notional trial diet at Glasgow Sheriff Court a fortnight ago, the case was postponed until the Supreme Court challenge against the Palestine Action ban is settled.
Elsewhere in the guidance, officers were warned against arresting people for displaying a Private Eye segment which contrasted “unacceptable Palestine Action” with “acceptable Palestine Action”, telling officers that it used “the verb action” but without “explicitly supporting” the group.
Another section said those wearing T-shirts mocking the ban which say “Plasticine Action” with a picture of the cartoon character Morph were acceptable “following clarification discussions” with the Crown Prosecution Service.
It is also made clear that officers should not arrest people displaying signs in their homes expressing support for Palestine Action “even if the article can be seen from outside the dwelling”.
The guidance added: “Be aware that if someone is asked to take down their poster and they refuse there is no power to force them to do so.”
