POLICE officers who detained coachloads of peace activists travelling to an American B52 bomber base to demonstrate against the war in Iraq, and then forced them to return to London under escort, acted illegally, the High Court ruled yesterday.

Lord Justice May and Mr Justice Harrison of the divisional court ruled that in the case of Jane Laporte, one of 120 protesters who were stopped, searched and asked to reboard three coaches heading for RAF Fairford in Gloucestershire, the detention and enforced return to London could not be justified.

Under Article 5 of the European Convention on Human Rights, “deprivation of liberty” has to be justified in accordance with the law. The Gloucestershire police who intercepted the coaches at a lay-by had argued that the detention was justified because the protesters were “well armed” with two pairs of scissors, five home-made shields, a cardboard tube and a yacht distress flare.

But Lord Justice May said: “For practical purposes, none of the articles seized were to be regarded as offensive. Two pairs of scissors would not make much impression on the perimeter fencing of the airbase.” The police had told the protesters they believed that a breach of the peace would occur at Fairford, from where long-range B52 bombers were taking off for Iraq. The coach doors were then forcibly held shut and the protesters were taken back to London.

Ms Laporte said yesterday: “Attending a demonstration is a basic freedom which everyone should enjoy if a society is to function as a democracy.” The protesters now plan to seek thousands of pounds in compensation from the police.

However, the judges also ruled that the police were within their rights to turn the protesters away from the demonstration. They could take preventive measures to avoid breaches of the peace. The detention of the passengers as they were escorted to London was a breach of their liberty.

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