Woman charged over monarchy protest says she was ‘wrongfully arrested’ for exercising rights

Woman is among several demonstrators arrested for ‘breach of the peace’ during royal events following death of the Queen

An anti-monarchy protester charged with a criminal offence after demonstrating at the proclamation of the new King has said she was “exercising her rights”.

Mariángela, who only wishes her first name to be made public, said she was holding a sign reading “f*** imperialism, abolish monarchy” when police intervened during the ceremony in Edinburgh on Sunday.

“I was wrongfully arrested while exercising my right to protest,” she added. “Holding a sign, I condemned the centuries of colonial injustice, genocide, and unlawful extraction that have been - and continue to be - carried out in the name of the British Crown.”

Mariángela, who is Mexican and lives in Scotland, is part of the left-wing Global Majority Vs Campaign. Members said her arrest was a “symptom of the ongoing movement to criminalise true freedom of speech”.

“There is an active effort to repress and isolate our condemnation of a ruling class,” a statement added.

“The violence of Empire is not historic but present and is still sustained by the Crown and the establishment.”

Mariángela was arrested for a “breach of the peace” and has been charged under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010.

The law, which largely replaced the common law offence of breach of the peace in Scotland, criminalises threatening or abusive behaviour deemed “likely to cause a reasonable person to suffer fear or alarm”.

Several other people have been arrested and charged in relation to anti-monarchy protests in Scotland, including a man who heckled Prince Andrew as the Queen’s cortege passed up the Royal Mile in Edinburgh.

A 74-year-old man was also arrested and charged over alleged breach of the peace offences outside Holyroodhouse, while a 38-year-old man was arrested as the cortege passed through Aberdeen.

All will appear at Edinburgh Sheriff Court at a later date.

Police in England have also taken action, with a man arrested under the Public Order Act in Oxford after shouting “who elected him?” at a proclamation ceremony for Charles III on Sunday. He was later “de-arrested”.

A protester before the Accession Proclamation Ceremony at Mercat Cross, Edinburgh, publicly proclaiming King Charles III as the new monarch on 11 September 2022 (PA)

On Monday, a police officer in London demanded the details of a barrister who held up a “blank piece of paper” in Parliament Square and a woman holding a “not my King” sign was moved from gates outside parliament.

Asked about the incidents in a daily press conference on Monday, the prime minister’s official spokesperson said: “This is a period of national mourning for the vast vast majority of the country, but the fundamental right to protest remains the keystone of our democracy.”

The campaign Republic called for an “open and free debate” on the future of the monarchy, saying many people objected to the accession of Charles III “without debate or consent”.

Spokesperson Graham Smith added: “We are deeply concerned to see people being arrested for peaceful protest. The police, media and politicians all need to understand that the accession is a contentious event and people have the right to speak up and be heard.”

Silkie Carlo, the director of civil liberties group Big Brother Watch, told The Independent that violating freedom of speech would “flagrantly disrespect the values that define our country”.

She added: “If people are being arrested simply for holding protest placards then it is an affront to democracy and highly likely to be unlawful. Police officers have a duty to protect people’s right to protest as much as they have a duty to facilitate people's right to express support, sorrow, or pay their respects.”

Jodie Beck, policy and campaigns officer at Liberty, said people must be able to stand up for what they believe in “without facing the risk of criminalisation”.

“It is very worrying to see the police enforcing their broad powers in such a heavy-handed and punitive way to clamp down on free speech and expression,” she added.