How to make a citizen's arrest

The latest attempt to make a citizen's arrest on Tony Blair is saluted by campaigner Peter Tatchell, who was beaten unconscious in his attempt to apprehend President Mugabe

Share
Related Topics

The attempt by Twiggy Garcia, a London bar worker, to arrest Tony Blair last week for crimes against peace in Iraq was a brave effort to bring to justice a former Prime Minister who many people regard as having got away with waging an illegal war.

This is the value of citizen's arrest powers: they grant ordinary people the right to arrest the bad guys when the forces of law and order fail to do so. Too often the rich and powerful use their influence to evade justice. The right of citizen's arrest gives the unrich and unpowerful the means to make sure they don't get away with it.

The citizen's arrest statute dates back to medieval England and common law. It is today enshrined in the Police and Criminal Evidence Act 1984. Every citizen has the right to perform an arrest if they have evidence that a person has committed a crime.

I used this power in my two attempted citizen's arrests of the Zimbabwean tyrant Robert Mugabe. I had evidence from Amnesty International that he had authorised the torture of Ray Choto and Mark Chavunduka, two journalists, in Harare. Torture is illegal under the UN Convention Against Torture and under Section 134 of the Criminal Justice Act 1988.

My first attempt was in London in 1999. Together with three colleagues from OutRage!, the queer rights group, I ran in front of Mugabe's limousine, forcing it to halt. I opened the rear door (amazingly it was unlocked) and physically arrested Mugabe on charges of torture. When the police arrived, they ignored the evidence of Mugabe's criminal acts. We were arrested, while he was given police escort to go Christmas shopping at Harrods.

Presumably, the then Metropolitan Police Commissioner and Attorney General were informed and they decided to allow Mugabe to return to Zimbabwe without facing any charges. In effect, they facilitated the continuation of his reign of terror and torture. On the opening day of our trial, all charges were dropped. I suspect because we had acted lawfully and the authorities did not want it tested in court. They feared that our possible acquittal might popularise citizen's arrests and give encouragement to others.

My second citizen's arrest bid was in 2001 in Brussels. When the Belgian government ignored my formal request to arrest Mugabe for torture, I ambushed him in the lobby of the Hilton Hotel. This time, I was beaten unconscious by his body guards in full view of the Belgian police and secret service agents.

Neither of my attempts to bring Mugabe to justice succeeded. But the worldwide media coverage did draw attention to his human-rights abuses and gave a moral boost to the people of Zimbabwe who thought, at the time, that the outside world neither knew nor cared about their suffering.

This is one of the great virtues of an attempted citizen's arrest. Even if it doesn't succeed, it can help publicise an injustice. It's a way of raising awareness.

Since the Mugabe bid, I've plotted similar attempts on George W Bush, Ariel Sharon and Tony Blair. Alas, the security ring was too tight. But others have had a go. In 2008, journalist George Monbiot tried to arrest John Bolton, the former US ambassador to the UN. Two years later, in Canada, there was an attempted citizen's arrest of George W Bush. Also in 2010, Ed Balls MP faced an arrest bid by Democracy Village peace protesters for his support of the invasion and occupation of Iraq.

Citizen's arrests are about citizen's power. They are an essential element of a democratic judicial system. Long may they continue.

Peter Tatchell is director of the human rights lobby the Peter Tatchell Foundation: www.PeterTatchellFoundation.org

React Now

Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Recruitment Genius: .NET Web Developer

£35000 - £45000 per annum: Recruitment Genius: A fantastic opportunity for a t...

Recruitment Genius: Customer Service Advisor

£14616 per annum: Recruitment Genius: This leading specialist in Electronic Ci...

Recruitment Genius: Pre-Press / Mac Operator / Artworker - Digital & Litho Print

Negotiable: Recruitment Genius: With year on year growth and a reputation for ...

Recruitment Genius: Project Manager - Live Virtual Training / Events

£24000 - £28000 per annum: Recruitment Genius: A Project Manager is required t...

Day In a Page

Read Next
 

If I were Prime Minister: I would hasten the process of devolution to the major city regions

Charles Handy
 

FIFA awarded the World Cup to a state where slavery is actively facilitated

Aidan McQuade
The difference between America and Israel? There isn’t one

The difference between America and Israel? There isn’t one

Netanyahu knows he can get away with anything in America, says Robert Fisk
Families clubbing together to build their own affordable accommodation

Do It Yourself approach to securing a new house

Community land trusts marking a new trend for taking the initiative away from developers
Head of WWF UK: We didn’t send Cameron to the Arctic to see green ideas freeze

David Nussbaum: We didn’t send Cameron to the Arctic to see green ideas freeze

The head of WWF UK remains sanguine despite the Government’s failure to live up to its pledges on the environment
Author Kazuo Ishiguro on being inspired by shoot-outs and samurai

Author Kazuo Ishiguro on being inspired by shoot-outs and samurai

Set in a mythologised 5th-century Britain, ‘The Buried Giant’ is a strange beast
With money, corruption and drugs, this monk fears Buddhism in Thailand is a ‘poisoned fruit’

Money, corruption and drugs

The monk who fears Buddhism in Thailand is a ‘poisoned fruit’
America's first slavery museum established at Django Unchained plantation - 150 years after slavery outlawed

150 years after it was outlawed...

... America's first slavery museum is established in Louisiana
Kelly Clarkson: How I snubbed Simon Cowell and become a Grammy-winning superstar

Kelly Clarkson: How I snubbed Simon Cowell and become a Grammy-winning superstar

The first 'American Idol' winner on how she manages to remain her own woman – Jane Austen fascination and all
Tony Oursler on exploring our uneasy relationship with technology with his new show

You won't believe your eyes

Tony Oursler's new show explores our uneasy relationship with technology. He's one of a growing number of artists with that preoccupation
Ian Herbert: Peter Moores must go. He should never have been brought back to fail again

Moores must go. He should never have been brought back to fail again

The England coach leaves players to find solutions - which makes you wonder where he adds value, says Ian Herbert
War with Isis: Fears that the looming battle for Mosul will unleash 'a million refugees'

The battle for Mosul will unleash 'a million refugees'

Aid agencies prepare for vast exodus following planned Iraqi offensive against the Isis-held city, reports Patrick Cockburn
Yvette Cooper: We can't lose the election. There's too much on the line

Yvette Cooper: We can't lose the election. There's too much on the line

The shadow Home Secretary on fighting radical Islam, protecting children, and why anyone in Labour who's thinking beyond May must 'sort themselves out'
A bad week for the Greens: Leader Natalie Bennett's 'car crash' radio interview is followed by Brighton council's failure to set a budget due to infighting

It's not easy being Green

After a bad week in which its leader had a public meltdown and its only city council couldn't agree on a budget vote, what next for the alternative party? It's over to Caroline Lucas to find out
Gorillas nearly missed: BBC producers didn't want to broadcast Sir David Attenborough's famed Rwandan encounter

Gorillas nearly missed

BBC producers didn't want to broadcast Sir David Attenborough's famed Rwandan encounter
Downton Abbey effect sees impoverished Italian nobles inspired to open their doors to paying guests for up to €650 a night

The Downton Abbey effect

Impoverished Italian nobles are opening their doors to paying guests, inspired by the TV drama
China's wild panda numbers have increased by 17% since 2003, new census reveals

China's wild panda numbers on the up

New census reveals 17% since 2003