After wave of arrests, police reinforce that protesters can protest against British royalty

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British police have reminded their officers that the public has the right to protest against the monarchy, following the circulation of a video showing police detaining a protester and other similar episodes that took place after the death of Queen Elizabeth II.

In a statement released on Tuesday, London Metropolitan Police Deputy Commissioner Stuart Cundy said the “overwhelming majority of interactions” between officers and civilians were positive – tens of thousands of people crowded into various places in the English capital to pay their respects to the Queen, who died last Thursday.

A spokesperson for Prime Minister Liz Truss said she would not comment on police decisions, but that the right to protest remains a fundamental principle.

The death of Elizabeth II, aged 96, has sparked a wave of emotion, with tributes even from Northern Irish Republicans and Scottish separatists. At the same time, there were dissenting voices and an increase in criticism of the monarchical regime.

The police’s clarification came after images of a protester holding a protest banner with the slogan “he is not my king” went viral – she was accosted by at least four agents at the gates of the British Parliament in London, where Charles 3rd made a statement on Monday (12).

In the images, the protester is seen being escorted away from the scene, without having to download or hide her protest poster. A witness told British media that she was not arrested and given permission to continue her protest.

Other protesters did not suffer the same fate. On Monday, a 22-year-old man who cursed Prince Andrew during his visit to Edinburgh was detained by police while shouting insults at the royal family. The protester called Andrew, 62, a “sick old man” as the prince took part in the procession of his mother’s coffin. He is involved in a sex scandal with a 17-year-old girl, and the protester has been accused of disturbing the peace by Scottish police.

On Sunday (11), police in Scotland said they had arrested a 22-year-old woman for carrying a placard with anti-monarchy slogans. On the same day, a 74-year-old man was also arrested in Edinburgh. In both cases, they were charged with disturbing the peace, face up to 12 months in prison and/or a £5,000 fine.

Another arrest took place during the proclamation of the new king on Saturday (10) — during the ceremony, a 45-year-old man shouted “who elected you?” and was subsequently arrested.

What does British law say?

Everyone has the right to peaceful protest. Although there is no specific item on this in the Constitution, it is covered in the right to freedom of expression and assembly, protected respectively by articles 10 and 11 of the European Convention on Human Rights, incorporated into British law.

On the other hand, limitations on the right to protest in England and Wales were set out in the Public Order Act 1986, and this year revised in the Police, Crime, Sentencing and Courts (PSCS) Act.

Criticized by human rights defenders, the PSCS increased police authority to curb and place certain conditions on protests, for example in the case of demonstrations that security agents deem noisy.

It is also foreseen, in England and Wales, the crime of violation of the peace – which exists with the same name in Scotland. Northern Ireland has its own legislation, a public order setting out conditions that can be imposed on public protests.

There is yet another limitation. A law dating from 1848 states that anyone who calls for the abolition of the monarchy can be charged with a criminal offense and sentenced to life imprisonment. The law is still in effect, although it was last applied in 1879.

How is it in other monarchies?

In Thailand, it is a crime to defame or insult the king, queen, heir or regent, with punishments of up to 15 years in prison, in what are the strictest “lese majesty” laws in the world.

On Monday, a court in the country sentenced a political activist to two years in prison for insulting the monarchy, his lawyer said. The protester was tried for dressing like Queen Suthida during a street protest that the court understood mocked the royal family.

In the Netherlands, offending King Willem-Alexander can be punished with up to five years in prison.

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