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LONDON — “Kettling” tactics used by London police, corralling people during violent demonstrations in May 2001, were lawful, the ECHR has found.
The use of “kettling” tactics by police in London during violent demonstrations in 2001 did not breach human rights, the European Court of Human Rights has found.
It is the first ruling by the ECHR about the legality of corralling people to maintain public order.
The court found that a demonstrator and some passers-by, who complained that they were not allowed leave a police cordon for almost seven hours during a protest against globalisation, “had not been deprived of their liberty within the meaning of the (Human Rights) Convention.”
In the first major use of the controversial tactic in the UK, police blocked off an area of Oxford Circus on May Day 2001 and held everyone inside it.
Among them were Lois Austin, who was part of the demonstration, George Black, who was trying to walk to a local book shop, and Bronwyn Lowenthal and Peter O’Shea, who were both taking lunch breaks from work.
The four turned to Strasbourg after losing their damages claims in UK courts.
Today’s majority 14-3 ruling from Strasbourg backs a House of Lords verdict in 2009 that “kettling” as a crowd control measure was “necessary, proportionate and lawful”.
The judgment pointed out that Article 5 of the Human Rights Convention, upholding liberty and security, did not have to be interpreted in a way to make it impossible for the police to maintain order and defend the public.
The judges said there was space within the cordon on that day for people to walk about and there had been no crushing, but acknowledged: “However, the conditions had been uncomfortable, with no shelter, food, water or toilet facilities.”
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