In our first feature London Campaigner Kwadwo Arbah writes on the work of the London Campaign Against Police & State Violence (LCAPSV), and solicitor Andrew Gray writes about his client – the activist Lindis Percy – and the treatment she recieved from West Yorkshire Police.
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[/ezcol_1quarter] [ezcol_1quarter]Justice, Liberties & Rights
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JUST’s Pick of the Week:
Critical Race and Whiteness Studies Journal – New Territories in Critical Whiteness Studies
Resisting Police & State Violence
This happened in South London to Jason, a man of African heritage in his thirties, incredulous with the assumption that he was a drug dealer because he used a phone box. He, without any aggression, refused to be stopped and searched. The female officer responded to his protest by using CS spray into his eyes. As Jason then screamed for help, the male officer then punched him in the face, and a litany of blows to his neck, back followed as other officers came to wrestle him to the ground. Jason was taken into the police station and searched. Nothing was found but he was later charged with “obstructing the police”. Jason with his mother made a call for solidarity, he had been attacked by the police in the past but now being charged for the privilege was a step too far. This is how the London Campaign Against Police & State Violence (LCAPSV)began in July of this year.
We help people respond to attacks by police and other state authorities from destroying their lives. We provide court support when they have been wrongly prosecuted by Crown Prosecution Service. We assist in gathering evidence for formal complaints and in civil lawsuits against the offending authority. have dealt with several cases, including one where a security guard pushed a terminally ill black man out of a wheelchair and possibly hastened his death. His friend, a dreadlocked Rastafarian in his 50s, was charged with assault on the security guard. The case dropped when the security guard didn’t bother turn up to testify in court. Another case we are supporting involved a young British-Ghanaian man from West London who when asking why his friend was stopped and searched a police officer pushed him repeatedly until he fell through a barbershop window. He luckily had no serious injuries nor was charged.
Most of the cases we have supported so far, are not as random and unfortunate as one would assume. Consider that from Ministry of Justice Data recorded in 2010 shows that 91% of stop and searches in England and Wales do not lead to an arrest. Jason’s experience was would be among the 9% that do and even fewer arrests, around less than 10% of that 9% result in a conviction. It is well known that people of colour, people of African and Asian descent are grossly disproportionately subjected to this humiliating invasion of privacy.
LCAPSV are developing ways of being proactive against particularly police violence. With the experience and support of the anti-racist organisation, Newham Monitoring Project, we are devising “Stop & Search Know Your Rights” workshops which we plan to run on high streets to reach young people where they are. We have found out that in Camberwell, South London the police are now targeting significant numbers of 10-12 year olds for stop and search.
The pretext for a lot of these stop and searches is drug policing. Police officers appear to have a bias where they believe drug users and dealers are mostly black males aged between 10 and 60 years old. Release the Drugs and Human Rights charity recently did a study into drug policing. It found that people who identified as “White” were twice as much likely to use or have taken drugs than people of African heritage, however in London, people described as “Black” were 6 times more likely to be stopped and searched for drugs. Also this racial bias is amplified in arrests, even more in convictions and also sentencing where black people have the highest average custodial sentence (20 months). It is almost like we live in a racist society that uses state power to structurally discriminate and imprison against people of colour.
Andrew Gray writes on his client the Leeds peace activist Lindis Percy
Lindis, for those who don’t know her, is a well-known campaigner. Former nurse, midwife and health visitor, human rights campaigner, wife, grandmother, pacifist and much, much more besides, Lindis is the Coordinator of the Campaign for the Accountability of American Bases (CAAB). CAAB works to bring public awareness, scrutiny and accountability of the US Visiting Forces and their Agencies in the UK and around the world.
Arrested hundreds of times, usually on spurious grounds, Lindis has helped to expose the goings-on at American Bases, especially NSA Menwith Hill near Harrogate. The recent ‘revelations’ regarding NSA Menwith Hill spying on the German leader’s mobile phone calls are of no surprise to Lindis. CAAB works in many different ways. They have held demonstrations every Tuesday, outside NSA Menwith Hill for 14 years.
But why has Lindis, and me as her solicitor, been in the news of late? Because I obtained an apology and compensation for Lindis from West Yorkshire Police, following an incident during the Olympic Torch procession of 2012.
This is what happened: Lindis, a Harrogate resident, heard that when the Olympic Torch was to pass through Harrogate on 19 June 2012, American military personnel were going to be the guard of honour: the militarisation of a once in a lifetime event. Unsettled by this, Lindis went into Harrogate town centre to quietly protest; Lindis also wanted to see the passing of the Olympic Torch.
As the CCTV footage reveals, the police (West Yorkshire Police were policing the event) were aware (probably via surveillance) that Lindis was going to be in Harrogate as a police officer approached Lindis and asked: “Is it Ms Percy?” From then on, Lindis was followed everywhere she went. In addition, West Yorkshire Police had a specialist video crew to monitor Lindis (the footage of which was wiped).
When Lindis found the US military personnel preparing their flags in a side street Lindis approached and spoke gently to the soldiers. Nobody complained. Then, without warning, Lindis was roughly pulled away by a police officer and surrounded by around five police officers. Understandably, Lindis felt intimidated.
After being allowed to leave Lindis was closely followed by four officers everywhere she went. Speeded up on CCTV, the footage is most comical, resembling a Benny Hill sketch.
Sometime later when Lindis returned to near where the US Military Personnel had been, she was arrested ‘to prevent a breach of the peace’. Handcuffs were aggressively applied, during which Lindis sustained a minor injury to her wrist. At no time was Lindis aggressive, as is her way. Lindis was told that two members of the public had complained about her.
Eventually, on this hot day, Lindis was put in a police van: she was never searched. Lindis was kept in the cage for 20 minutes before she was driven to the police station outside of Harrogate. Just as Lindis predicted, when she arrived at the police station she was de-arrested and then driven back into Harrogate: the Olympic Torch had passed. Lindis filed a complaint immediately.
Unsurprisingly, the internal Police Standards Report admonished any officer from blame. Unperturbed, Lindis decided to lodge a claim. With the assistance of London counsel, Anna Morris, a letter of claim was sent to West Yorkshire Police. To the credit of West Yorkshire Police’s legal department, liability was admitted and an apology given and compensation paid. For the record, West Yorkshire Police admitted to: wrongful arrest; false imprisonment; assault; and breaches of her human rights, specifically the right to liberty, freedom of expression and freedom of association and assembly.
Of course my client’s detractors will say that it was fair enough that West Yorkshire Police prevented my client from disrupting the passage of the Olympic Torch. Disrupting the event was not something my client would have done. With hindsight, what my client was doing was demonstrating against, amongst other things, the bugging of the German Chancellor’s phone. My client awaits Angela Merkel’s thanks….
(And Lindis will no doubt be embarrassed by what I am going to say, but I will say it anyway:) in years to come, school children will learn about Lindis Percy: history will judge her well. We all have a debt of gratitude to people like Lindis Percy.
Andrew Gray is a solicitor and founder of Truth Legal