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4 months ago
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Two top universities have won the right to start eviction procedures against pro-Palestine protesters who set up encampments for weeks.
Nottingham and Birmingham universities yesterday secured orders from the High Court which will allow them to kick out the activists.
The summary possession orders mean that if the protesters do not leave, bosses can apply for them to be forcibly removed by bailiffs.
Dozens of tents have been pitched at the two campuses for weeks, with students demanding universities cut any ties with Israel.
Critics have said the encampments are disruptive to university life, and have created a hostile environment for Jewish and Israeli students.
A student pro-Palestinian encampment at Birmingham University. Both Birmingham and Nottingham Universities have secured summary possession orders to remove the activists from their premises
Muslim student Mariyah Ali, 20 called the legal action a 'censoring tactic' and said it amounted to discrimination against her beliefs
A police vehicle outside the north gate of the University of Birmingham, which has previously threatened activists with legal action if they don't close their encampments
The two universities each took separate legal action against the protesters in general, as well as two named activists.
Muslim British-Pakistani student Mariyah Ali, 20, from Walsall, the only named defendant in the Birmingham case, said the legal action was a 'censoring tactic'.She also claimed it amounted to discrimination against the 'manifestation' of her religious and philosophical beliefs.
Former student River Butterworth, 24, from Warwickshire, the sole named protester in the Nottingham legal challenge, argued it would be a 'disproportionate interference' with free speech and protest rights.
However, lawyers for the universities accused protesters of trespassing on private land, bringing a risk of public disturbance, and causing disruption and financial loss.
In two written rulings yesterday, Mr Justice Johnson granted the orders and concluded that protesters had 'no real prospect' of showing that the universities had breached their duties or that an order would be incompatible with their human rights.
He said there were 'many other ways' activists could exercise their right to protest without occupying land, concluding that protesters were trespassing.
Oliver Edwards, a solicitor for Hodge Jones & Allen, which represented Ms Ali, said: 'Naturally my client is disheartened by this judgment, but she remains committed to her cause.
'Protests at universities have a long tradition in democratic society and we maintain that the university is breaching our client's fundamental human rights.'
He said the firm is considering appealing the judgement. The rulings follow London School of Economics securing a Central London County Court order indefinitely barring encampments in one of its buildings after students slept in its atrium for more than a month in support of Palestine.
Queen Mary University of London has previously said it would take legal action to secure possession of its Mile End campus if protest encampments did not end.
It comes after encampments were set up on campuses across the country, seemingly copying similar action at American universities.
In May, former education secretary Gillian Keegan said there was 'always a fear' the protests could turn violent like those at the University of California, Los Angeles (UCLA).
She said: 'What we don't want is our campuses becoming unsafe environments for students or staff and going down the route that you see in other places like the US...'
There is always a contagion fear and obviously there are some groups that are encouraging this as well.'
In his written rulings, Mr Justice Johnson said there were other ways students could protest without occupying land
Former education secretary Gillian Keegan said there was 'always a fear' that the protests could turn violent like many demonstrations at American universities. Pictured: A pro-Palestinian barricade at California State University
A University of Birmingham spokesman said: 'The court's decision will help us to ensure that all of our diverse community can go about their business and use the entirety of the university's campus without feeling that there are parts of campus where they cannot go.'
It said it respected students' and staff's right to protest 'within the law', adding: 'We will continue to uphold our strong commitment to free speech for the whole of the university community.'
A University of Nottingham spokesman said: 'The University of Nottingham upholds freedom of speech and our priority is, and always will be, to ensure that opportunities to engage in debate or protest are safe, inclusive, dignified, respectful and responsible.
'The order from the court will allow us to ensure that we can take action should the need arise to protect the health and safety of our university community on campus and to minimise disruption to students and staff accessing the teaching, learning and research spaces they require.'
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