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by Andrew Whitaker
27 July 2016
Independence camp protesters lose legal battle against eviction

Independence camp protesters lose legal battle against eviction

credit - Independence graffiti

A group of independence campaigners have lost their lengthy legal battle against eviction from their camp outside the Holyrood parliament following a ruling at Scotland’s highest civil court.

The Scottish Parliament took the ‘IndyCamp’ group to court after they refused to end their occupation of the parliamentary estate.

However, after a seven-month court battle, Lord Turnbull at the Court of Session ruled that it would not breach human rights laws to have the camp evicted.

The campers said they would appeal, hoping to stay in the meantime.

In an email to MSPs, the Scottish Parliament said officials would "seek discussions" with the campers to "agree plans for a peaceful removal of the camp".

The ‘IndyCamp’ was set up outside the parliament in November 2015, with the campers pledging to remain in place until Scotland is declared independent.

Parliament officials ordered them to leave, saying they were camping without permission, taking up space others could be using and endangering the neutrality of the parliamentary estate,

A lengthy legal battle ensued, with the campers putting forward arguments based on the Declaration of Arbroath, the 1707 Act of Union and the second coming of Christ.

However, after hearing legal arguments on this point, Lord Turnbull criticised their approach as "selfish or even arrogant", saying the campers had shown "open disregard" for others.

He said the order sought by parliament, for eviction, would not "substantially impair the ability to protest at the grounds of the Scottish Parliament".

The judge added that the campers did not have an "unfettered right" to hold a permanent vigil outside Holyrood, saying he had come down "firmly in favour" of the parliament's view that eviction would be proportionate.

Camper Dean Halliday, speaking to the BBC, said that it was a "sad day for Scotland", saying the group would appeal against the judgement.

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Read the most recent article written by Andrew Whitaker - Will indyref2 ever happen?.

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