Press Releases & Updates 2003

71 year-old Alan Wilkie from Edinburgh was one of the 160 people arrested at the blockade of Faslane naval base on 22nd April this year and was charged with a breach of the peace. Today’s legal debate followed his lodging of what is known as a “devolution issue” which is a way of arguing that Scots Law or legal practice is at odds with the European Convention on Human Rights.

Alan submitted that his human rights had been breached by the arrest, under Article 10 of the Convention, which guarantees freedom of expression, under Article 11, which confirms the right of assembly and association, and, critically, under Article 14, which prohibits any discrimination in relation to these rights.

The core of his complaint is that while he was fairly quickly arrested at the blockade, another group were allowed to continue sitting in the roadway for hours without arrest. This group were mainly members of the Scottish Socialist party and included Tommy Sheridan, along with Rosie Kane, Frances Curran and Carolyn Leckie, all three of whom were elected MSPs at the Scottish Parliament elections the following week. Alan claimed that the police decided not to arrest this group because they did not want to give them additional publicity just before the elections. This different treatment, based on Tommy’s status and not on any other factor, amounted to discrimination in terms of Article 14. Alan also submitted that although the Convention allows such restrictions to Articles 10 and 11 as are “necessary in a democratic society”, any restrictions must without exception must be applied in a lawful and non-discriminatory way. He added that the interests of the state to which any restrictions to the Articles relate must be themselves lawful and valid and he put it to the court that Faslane, as the home base of Trident, which Geoff Hoon had three times threatened to use in Iraq, was not a valid interest in international humanitarian law.

Procurator Fiscal Rona Baird argued that the court was bound by the European Courts decision re the appeal of Caroline Lucas against a breach of the peace conviction for a Faslane blockade. Alan had dealt with this case in his submission and had pointed out that it was not relevant, especially because Article 14 had not been a part of Caroline’s case.

Although Justice of the Peace Viv Dance repelled Alan’s submission she did give him leave to appeal her decision to the High Court.

Alan Wilkie said: “Respect for human rights is one of the foundations of a democratic society. Sadly in its response to my devolution issue plea today Helensburgh District Court failed this test.”

Printer friendly version

Home | Top