Update 18 March 2019: On 26 February, HM Courts and Tribunal Service (HMCTS) issued an apology to the Standsted 15 after they were ordered back to court over aggravated trespassing. The hearing was cancelled. Their lawyer Raj Chada commented:
“At least HMCTS have retracted and apologised to our clients. It doesn’t take away from the misery that our clients suffered over the weekend. More importantly, it is a temporary reprieve as the CPS are still continuing the case and want it hanging over our clients like the sword of Damocles – this is not in the public interest.”
Read more on the Guardian.
The CPS had apologized but still holds the threat if and additional prosecution for Aggravated Trespass.
This prosecution will last 2 years if not 3. A shocking abuse of process which we condemn.
— Netpol (@netpol) February 26, 2019
UPDATE 18 February 2019: On 6 Febrary, <<Fifteen activists convicted of a terrorism-related offence for chaining themselves around an immigration removal flight at Stansted airport have received suspended sentences or community orders. The judge decided not to imprison them after he accepted they were motivated by “genuine reasons”.>> Read article by the Guardian: https://www.theguardian.com/global/2019/feb/06/stansted-15-rights-campaigners-urge-judge-to-show-leniency
It's now official, no jail for the #Stansted15.
This has been the most pyrrhic of victories for the home office. The hostile environment has never looked so ridiculous.
They should never have been found guilty. Their appeal stands a great chance of success.#EndDeportations
— Sam Walton (@SamWalton) February 6, 2019
They will appeal the conviction for terror-related offence.
Stansted 15 launch appeal against 'disproportionate' convictions https://t.co/QXYg63hNtY
— Netpol (@netpol) January 9, 2019
UPDATE – 17 December 2018: On Monday 10 December, the 15 peaceful activists were found guilty under the 1990 Aviation and Maritime Security Act, a law passed in response to the 1988 Lockerbie bombing (listen to the commentary by the Guardian’s Damien Gayle)
"The Stansted 15 and the terror of law": why did the CPS decide the #Stansted15 warranted ‘special treatment’ and was it primarily because the defendants had very effectively made visible the extent of UK border violence? https://t.co/ohxtl3Ii7C via @VersoBooks
— Netpol (@netpol) December 12, 2018
(Independent – 16 March 2018) Are the authorities threatening disproportionate sentences to scare off future protests – and to allow the Government’s deportation regime to continue unhindered?
On Monday a group of fifteen people will appear in court in Chelmsford, charged with terrorism offences. Their crime? Blocking the take-off of a plane deporting people from Britain against their will. The maximum sentence? Life in prison.
The plane in question was a charter flight set to remove 57 people in a mass deportation in March last year. For many of us in Britain, mass deportations of this style are something we know little or nothing of – and that’s no coincidence. These secret flights don’t carry regular passengers, just deportees and double their number in private security guards. The flights take off late at night from undisclosed locations, hiding them from public view.
The process isn’t just secretive – it is brutal and legally dubious too. Just last year the Supreme Court found that the “deport first, appeal later” policy was unlawful. The personal stories of those facing deportation, meanwhile, are shocking. Many are sent to countries where they have no family – sometimes after many yearsbuilding a life in Britain, torn apart from close family here. People like William (not his real name) who had been a resident in the UK for 14 years, and held in detention for over six months before being set for deportation earlier this year. His youngest daughter is eight years old and regularly wakes up from nightmares where she is separated from her Dad.
Others are LGBT+ people who face persecution in the country they are being sent to – like Abbey Kyeyune, who fled Uganda after his family members discovered that he was having a relationship with another man, and was then threatened with deportation from Britain.
An astounding 41 per cent of immigration rulings are overturned on appeal, casting serious doubt over the Home Office’s ability to make fair decisions, and making it doubly appalling to see people dragged away from their families, handcuffed and forcibly strapped into plane seats.
In this context, it is easy to see why people are protesting against mass deportation – from writing to their MPs, to protesting outside the Home Office and, yes, taking non-violent direct action. People took to the tarmac and blocked a plane leaving Stansted in March last year because they felt they had no other route to stop this injustice. The action took place on a parking bay far away from the main runways and people going on holiday, with the activists dressed in bright pink, to ensure that they were visible.
Those involved are facing trumped-up charges from the Crown Prosecution Service (CPS), using the threat of life in prison under the Aviation and Maritime Security Act. This law, which was designed to protect strategic sites such as ports and airports, has never before been targeted at activists. Indeed the only record to my knowledge of it being used concerns a helicopter pilot who had flown too close to a control tower in the context of a dispute with an airport’s owner.
It is hard to understand why the CPS is using this obscure law to prosecute these protesters. But I worry about the potential political motivations behind their decision, too. Are the authorities threatening disproportionate sentences to scare off future protests – and to allow the government’s deportation regime to continue unhindered?
What I do know is that the threat of jail for those who peacefully put their bodies on the line to stop the forced removal of people from Britain is a profound overreaction that should be reviewed immediately.
This is not the first time that the establishment has threatened peaceful people with jail terms – and the actions of those who took to the tarmac at Stansted follows in the footsteps of many brave people who have put their bodies in the way of state violence. As Margaret Mead famously said, we should “never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has”.
Whatever happens over the course of the next few weeks’ trial, I have no doubt that history will absolve the Stansted defendants – and condemn Britain’s brutal use of mass deportation.
Article by Caroline Lucas for the Independent
Featured image by Getty