
英国最高法院获悉,对“巴勒斯坦行动”组织的禁令导致了英国反恐法律出现“信任危机”,并引发了守法抗议者前所未有的公民抗命行动。
The banning of Palestine Action has led to a "crisis in confidence" in the UK's anti-terrorism laws and triggered unprecedented civil disobedience from law-abiding protesters, the Supreme Court has been told.
在针对该组织去年被列为禁令组织提起的重大法律挑战开庭审理中,联合创始人胡达·阿穆里的律师表示,没有其他抗议组织受到过同等对待。
Opening a major legal challenge to the group's proscription last year, lawyers for co-founder Huda Ammori said that no other protest organisation had been treated the same way.
他们告诉五位大法官,英国最高法院此前从未需要考虑依据反恐立法禁令一个组织是否与言论自由和抗议自由相兼容。
They told the five justices that the UK's highest court had never before had to consider whether banning a group under terrorism legislation was compatible with freedom of speech and protest.
大都会警察局表示,周三庭审期间,有27名抗议者在最高法院外被捕。
Twenty-seven protesters were arrested outside the Supreme Court on Wednesday as the hearing took place, the Metropolitan Police said.
阿穆里的律师告诉法庭,自该组织被列为禁令组织以来,数千名老年人——其中许多人是其他激进事业的资深人士——因举着支持该组织的标语牌而被捕。
Lawyers for Ammori told the court that thousands of elderly people, many veterans of other radical causes, had been arrested for holding up signs supportive of the group since its proscription.
英国广播公司(BBC)看到的内政部数据显示,迄今为止,在举着支持该组织标语牌的抗议活动中,已有超过4000人被捕。
Home Office figures seen by the BBC indicate that there have been more than 4,000 arrests so far at protests in which people have held up signs supportive of the group.
实际上,许多示威者已被多次逮捕,检方迄今已批准对1200人提起指控。这些审判目前处于悬而未决状态,直至本案判决结果出炉。
In practice, many demonstrators have been arrested more than once, with 1,200 charges authorised by prosecutors to date. Those trials are in limbo until the outcome of this case.
御用大律师亨利·布莱克斯兰德向法庭表示,“远非剥夺‘巴勒斯坦行动’的宣传氧气”,也“远非让其品牌蒙羞”,禁令该组织产生了相反的效果。
Henry Blaxland KC told the court that "far from depriving Palestine Action of the oxygen of publicity" and "far from discrediting its brand", proscription of the group has had the opposite effect.
他说:“它所做的一切,只是往这个时代最受公众争议的议题之一的火上浇油。”
"All it's done is to pour fuel on to a fire of one of the most publicly-contested issues of our time," he said.
“我提交法庭,这样做是不成比例的,而且完全没有必要。”在与法官经常性的紧张交锋中,阿穆里的律师团队承认,“巴勒斯坦行动”不能被描述为一个普通且和平的抗议团体。
"It was disproportionate to do that and in my submission completely unnecessary." During often tense exchanges with the judges, Ammori's team accepted that Palestine Action could not be described as an ordinary and peaceful protest group.
他们表示,其成员通过占领或破坏与以色列军方有关联的公司来实施“直接行动”抗议——而在内政大臣评估的385起事件中,只有三起被认定构成《反恐法》下的罪行。
They said that its members had carried out "direct action" protests by occupying or vandalising firms linked to Israel's military - with only three of 385 incidents assessed by the Home Secretary as constituting an offence under the Terrorism Act.
英国对恐怖主义的定义包括为某种事业而对财产造成严重损害的事件——刑事法庭上至少有两起针对防务公司的闯入事件被描述为造成了数百万的损失。
The UK's definition of terrorism includes incidents of serious damage to property for a cause - and at least two break-ins at defence firms have been described in criminal courts as having caused millions in damage.
代表阿莫里的御用大律师拉扎·侯赛因表示,法官必须搁置犯罪指控——国家对此拥有许多权力——并考虑内政大臣将该组织列为恐怖分子的决定是否不成比例。
Raza Husain KC, for Ammori, said that the judges had to put aside allegations of criminality - for which the state had many powers - and consider whether the Home Secretary's decision to label the group as terrorists had been disproportionate.
“巴勒斯坦行动组织被取缔的依据是,其五年间不到百分之一的行为被评估为属于恐怖主义定义的外围界限,”他说。
"Palestine Action was proscribed on the basis of less than one per cent of its actions over five years assessed as falling within the outer limits of a definition of terrorism," he said.
“内政大臣自己的专家证实,其绝大多数直接行动不会构成恐怖主义行为,因为任何财产损害通常都较为轻微。常见手段包括涂鸦、轻微破坏、占领和锁具固定。”一名巴勒斯坦行动组织成员因用大锤打断一名警察的脊椎而被定罪并入狱——但法庭被告知,该组织从未倡导此类暴力。
"The Home Secretary's own experts confirmed the vast majority of its direct action would not constitute an act of terrorism on the basis that any damage to property is typically more minor. Common tactics include graffiti, petty vandalism, occupation, and lock-ons." One Palestine Action member has been convicted and jailed of fracturing a police officer's back with a sledgehammer - but the court was told that the group had never advocated such violence.
最高法院已收到言论自由活动人士的论点,他们认为该禁令干涉了抗议权。
The Supreme Court has received arguments from free speech campaigners, arguing the ban interferes with the right to protest.
但犹太团体联盟提交的另一份意见书认为,巴勒斯坦行动组织是一个“邪恶的”组织,意图攻击其社区利益。
But another submission from a coalition of Jewish groups argued that Palestine Action was a "sinister" organisation intent on attacking its community interests.
“上诉法院[在早前的听证会后]正确地得出结论,即巴勒斯坦行动组织是一个参与恐怖主义、目标广泛的暴力组织,”御用大律师亚当·瓦格纳在代表犹太社区团体的书面意见书中说。
"The Court of Appeal [following earlier hearings] rightly concluded that PA is a violent organisation concerned in terrorism with a wide range of targets," said Adam Wagner KC in written submissions for the Jewish communal groups.
他继续说道:“其活动往往秘密进行,毫无克制或相称性的迹象,而且在该组织被取缔之时,其严重程度呈不断升级之势,关注范围也在不断扩大。”瓦格纳表示,巴勒斯坦行动组织的“瞄准镜”已从针对埃尔比特——一家母公司位于以色列的防务公司——转向“被巴勒斯坦行动组织视为‘犹太复国主义’的人物或机构”。
He continued: "Its activities are often undertaken covertly with no suggestion of restraint or proportionality, and that at the point it was proscribed it had an escalating trajectory of seriousness and an expanding focus." Wagner said Palestine Action's "crosshairs" had moved from targeting Elbit, a defence firm with an Israeli parent company, to "figures or institutions deemed by PA to be 'Zionist'".
他说:“由于大多数英国犹太人和犹太机构都与以色列有联系,一场针对巴勒斯坦行动组织活动人士认为‘与以色列同谋’的机构的运动,实际上就是一场威胁主流犹太社区的运动。”此案将于周四继续审理,判决预计将在稍后日期作出。
"Because most British Jews and Jewish institutions have a connection with Israel, a campaign against institutions PA's activists consider to be 'complicit' with Israel is, in practice, a campaign that threatens the mainstream Jewish community," he said. The case continues on Thursday with a judgment expected at a later date.