Israel’s biggest arms firm and government ministers influence prosecution and policing of Palestine Action

Sep 30, 2024

Meeting between Priti Patel & Elbit Systems

Meeting between Chris Philp, Elbit Systems and CPS’ representative

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As published by the Guardian this morning, documents revealed by a freedom of Information (FOI) request suggests political interference in the prosecution of Palestine Action activists. The documents detail two separate meetings between government ministers and Elbit Systems UK, the British arm of Israel’s biggest weapons firm, Elbit Systems Ltd. Both meetings focused on how the UK’s judicial system deals with our activists who carry out direct action against the arms manufacturer. 

The objectives of both meetings were to reassure Elbit Systems that the government cares about the harm Palestine Action are causing to the Israeli weapons maker and the wider private sector. 

2nd March 2022 – Elbit Systems UK & then Home Secretary, Priti Patel

The first of these documented meetings took place on the 2nd March 2022 between Elbit Systems UK’s CEO Martin Fausset and then Home secretary, Priti Patel. Patel formerly resigned from her position as secretary of state, after holding twelve undisclosed meetings in Israel ‘with officials, businessmen, Netanyahu and the country’s security minister’ —immediately raising questions around her own impartiality.

The meeting between the two parties focused on protests and security at Elbit Systems. Key points raised by the Private Secretary in the meeting acknowledged that ‘Palestine Action’s criminal activity is for the police to investigate and though they are operationally independent of government, meaning [the Government] cannot direct their response… officials have been in contact with the police about PA.’ We’re also told that ‘the Government is working, where appropriate, to ensure that those who engage in criminal activity progress through the Criminal Justice System.’

19th April 2023 – Elbit Systems UK and then Policing Minister, Chris Philp

According to the second documented meeting, held on the 19th April 2023, ‘threats to manufacturing at Elbit Systems from protest groups’ were discussed between Elbit Systems, Chris Philp, then Minister of State for Crime, Policing and Fire. 

The document also noted that ‘A Director from the Attorney General’s Office will be attending to represent the Crown Prosecution Service (CPS). The CPS declined to participate in this meeting to preserve their operational independence.’ This contradictory statement appears to be included to obfuscate the violation of General Principle 2.1 of the CPS’ code of conduct which bars prosecutors from any political interference and improper influence. A violation of the code should amount to an abuse of process and dismissals of prosecutions against Palestine Action activists. 

The documents also noted that ‘although there have been successful prosecutions of Palestine Action members, there have been multiple instances of charges being dropped and defendants acquitted by juries and magistrates.’ Previously, the Israeli embassy interfered in Palestine Action trials by lobbying the former Attorney General in May 2022. During this meeting, the Israeli government discussed the availability of legal defences for British activists, which coincided with the courts increasingly disallowing activists to argue that their actions were proportional to the crimes of the weapons factories they disrupted. 

One section of the documents which were heavily redacted was the section on ‘Past lobbying’. 

Redacted documents

As a view to redact the information, seven sections under the Freedom of Information Act were cited:

• Release of the full document would inhibit ‘free and frank discussion for the purposes of deliberation’ 

• Personal information was included

• Release of the full document could jeopardise national security

• Information was included which has the potential to ‘prejudice relations between the UK and another State…Some of the information relates to sensitive issues relating to global issues, such as the ongoing war in Gaza. Should this be released, it could harm the UK’s international relations’

• Information may lead to ‘prejudice of law enforcement,’ which includes specific prosecutions and could undermine particular proceedings

• Some of the information was provided in confidence

• The release of some of the information would likely prejudice the commercial interests of an organisation

Summary + Palestine Action quote

These documents highlight collusion between government ministers, the CPS, the Attorney General’s office, and a foreign private arms manufacturer. The presence of such collusion highlights a clear abuse of power, with the Government prioritising its relationship with the genocidal Israeli state over the democratic rights of its citizens. Both parties are evidently unhappy with the fact that charges against Palestine Action’s activists are sometimes dropped, and our defendants fairly acquitted by juries and magistrates. 

Our judicial system should act as an impartial body distinctly separate from government, and yet, these documents reveal that in the case of Palestine Action, the Government is working on behalf of Elbit Systems UK to ensure this is not so — with their political interference in the prosecution of our cases having a direct impact on the civil liberties of our activists.

The first of Palestine Action’s activists to receive a conviction did so on the 29th of March, 2022—shortly after Patel and Fausset’s meeting—and it’s likely that political interference has shaped the outcomes of cases against us. Furthermore, the police have escalated their use — and subsequent abuse — of counter-terrorism powers to indefinitely keep activists in detention, though Palestine Action simply does not fit the definition of a terrorist organisation.

When asked by the Guardian to comment on these documents, the current Home Office responded as follows: “We fully respect the operational independence of the police and the independent judiciary, which remains the bedrock of our policing model.These meetings took place under the previous government.” 

The Home Office acknowledge that the previous government did not respect the operational independence of the judiciary and are trying to absolve themselves of any responsibility. However, there are over 100 activists from Palestine Action who were charged before the new government came into power. 

We demand full transparency and a public review of all charging decisions made against Palestine Action, as there is clear evidence that such prosecutions were wrongfully influenced by Elbit Systems, the Israeli or/and the UK government. We also call for the immediate release of our sixteen political prisoners.

ENDS
NOTES TO EDITORS

If you would like any further information on Palestine action, please contact media@palestineaction.org

Palestine Action is a direct-action network of groups and individuals formed with the mandate of taking action against the sites of Elbit Systems and other companies complicit in Israeli apartheid and genocide, calling for all such sites to be shut down.