What is this thing called Activist Legal Support?

Activist Legal Support is not just Legal Observing

Many people these days equate Legal Observing with “legal support” partly due to the relatively high visibility and profile of Legal Observing, particularly in Victoria – Legal Observers stand out whilst back-end legal support training / arrest support / court support is far less visible to anyone and therefore less understood.
In reality however- Legal Observing is one of the least important legal support roles in mass arrest scenarios – far less critical than arrest support roles, liaison with lawyers and the months of court support if and when people are charged.
In many ways activist groups, with limited resources,  should focus on building their own dedicated legal teams, forming relationships with friendly lawyers,  arranging legal briefings for activists and organising people to take on arrest support roles – long before they even think about organising their own Legal Observer Team.

So, what is Activist Legal Support?

A good legal support structure for groups engaging in protests that could be arrestable includes:
1) A Legal Support Team: 
 A dedicated team within the activist group who plan, organise and coordinate legal support. This includes speaking with / advising and seeking regular confidential advice from lawyers about actions that are planned, what are the potential charges, whose jurisdiction a particular site is and what are the possible penalties.  The team should be planning logistics, a network of lawyer contacts, organising police liaison, and coordinating a potentially large team of activists providing various legal support roles.   In some mass civil disobedience actions, the legal support team has an office, its own roster, comms system and budget.  Read about the S11 Legal Support Team here.

The Occupy Boston Legal Team Image: National Lawyers Guild US

2) Legal Information:
Arranging for clear, accurate, practical and realistic legal information to be provided to everyone who may be part of an action or campaign.  Information should be drafted and verified by a solicitor, written in ‘plain’ language – (avoiding legal jargon) and always couched in terms of what is potential or possible.  Police have discretion about when and what charges they lay, and courts have a lot of discretion in what penalties they provide so nothing is definite when providing activist legal information.   The aim is to provide information so that people can make fully informed decisions about whether to place themselves in an potentially arrestable scenario but not to scare people from taking action.

Two fabulous lawyers providing activist legal training. Image: MALS

This information can be provided in pamphlets, handbooks, blog posts or during activist trainings or in briefings before and during actions.  Legal briefings can happen anywhere, anytime but they need to be planned as part of the action and people need to be prepped to provide them.  They are best written or provided by lawyers or very well briefed para-legals.
3) Arrest Support: 
Arrest support roles are people who commit themselves to looking after the needs of people who are facing arrest or who get arrested at an action.  They need to monitor who is arrested, find our where they might be taken,  make sure  personal belongings are safe, friends contacted and ensure that someone is there to collect them when they get out of police custody.   Arrest support is a critical role. It might mean liaising assertively with police or watchhouse staff regarding the welfare of people inside, making sure people are not isolated or targeted, arranging lawyers, ensuring people in and have water and medical treatment – are safe and being treated properly.  Arrest supporters can also observe, record and make note of police behavior and monitor arrests for later legal defense – particularly if there are no Legal Observers present.   You dont have to have any legal training to do arrest support.

An Extinction Rebellion activist and their arrest support person at Oxford Circus in London. Image: BBC

It is easy to loose track of arrestees at mass actions. Good arrest support can make the difference between someone having a traumatic experience and someone coming out of custody inspired to get to the next action.
4) Court Support: 
Court cases can go for many months, sometimes years.  The activist campaigns should plan to support ALL those who face charges resulting for the action for the entirety of their court case.  This means helping them find legal representation / plan a legal strategy, support them if they plead guilty or not-guilty, fund-raise for fines,  organise for people to turn up at court appearances, assist with media throughout the case, be there for a victory celebration at the end, support the activists physically, emotionally, financially throughout.     You don’t have to have any legal training to do court support.

Three activists with their legal team. Image: Geco.org.au

Why is Legal Support Important?

We stress that a plan for on-going, hands-on legal support for protestors (such as during arrests and for court support) is essential, and is normally the most important aspect of legal support for activists.  It is even more important as public order policing becomes increasingly paramilitary – by deploying violence and force against groups of unarmed people.
We strongly encourage activist groups to look into and organise these forms of on-going legal support as a core part of your campaign planning.
The website www.activistrights.org.au has resources and downloadable PDF arrest support templates – https://www.activistrights.org.au/support_team_resources – which were originally designed for mass-arrest scenarios . – See below:
People in social movements are in it together, and we all have different roles to play.  Facing the full might of the police and the criminal justice system is frightening but something people have done throughout history. Planning good activist legal support builds movement resilience and make it more likely we will come out of it stronger
Our rights are routinely violated but movements are made stronger when people know their rights, vocalise them, and we respond collectively and assertively when they are.  Solidarity, in the streets, in police custody and in the courts is our most powerful tool.

There are three core aspects of Activist Legal Support: information, support and solidarity.

Legal information is best provided by lawyers or legal practitioners. Support is best provided by a well-organised legal support team. Other activists can only really provide solidarity. All three of these are crucial in good activist legal support.

What is the difference between Legal Observing and other forms of legal support?

Legal Observing is most effectively done by external / independent groups who can focus on civil and political rights rather than on the action itself.
Legal Observers (LOs) act as an independent, third party who monitoring police behaviour at protests and actions. This is known as ‘legal observing’.
Legal Observing takes activists away from these other arrest support roles so it is always wise to ask another group or organisation to take on that role.  MALS is one of the only legal support groups in Australia who regularly trains and fields Legal Observer Teams but community legal centres, church groups, human rights organisations such as Amnesty International have all organised Legal or Human Rights Observer teams in different states in the past.
For big civil disobedience events it might be wise to approach one of these larger independent groups, with plenty of notice,  to provide a team of volunteer observers if they can  – and allow your activists to focus on the actual action.
In monitoring the police, Legal Observers compile evidence which can later be used in court if protesters are wrongly prosecuted, or wish to bring actions against the police.
Legal Observer teams aim to widen the political space to take protest action. Their presence can also provide both a feeling of safety and a deterrent effect on police.
As observers, Legal Observers are removed from the protest itself, which allows them to objectively and independently describe events. It is in this form that Legal Observers are most effective in monitoring police behaviour.
You can think of Legal Observing as just one of the many parts that provide shared social movement infrastructure , along with medical support (street medics) and groups that are dedicated to providing food to protesters (Food Not Bombs).
We may be able to help but we cant do everything: you can get in contact with MALS if you would like to request that MALS provide a Legal Observer Team at actions or demonstrations – or come along to one of our trainings.
But we are a small, all volunteer and entirely unfunded group.   There is simply no way we could organise legal support for every activist group, action or campaign in Melbourne.
YOU need to do that.
WE can just support, advise and provide resources where we can.
You can always contact us at melbactivistlegal@gmail.com
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STATEMENT OF CONCERN: Policing of Invasion Day March 2019

On Saturday 26 January 2019 Melbourne Activist Legal Support (MALS) fielded a team of ten (10) trained Legal Observers at the Invasion Day march that took place in Melbourne’s Central Business District.  The march, which was organised by the group Warriors of Aboriginal Resistance, began with speakers at Victoria’s Parliament House on Spring Street, proceeded down Bourke St, turning south down Swanston Street and culminating at the intersection of Swanston and Flinders Streets out side Flinders Street Station.

Legal Observers monitored and recorded interactions between Victoria Police and protesters throughout the four hour event.

Areas of Concern:

We are concerned about several aspects of the policing of the event that in some instances pose unjustified limitations of rights within the Victorian Charter of Human Rights & Responsibilities Act (2006) and the implied freedom of political communication in the Constitution.

High-level of policing

  • Legal Observers noted the high level of police presence for a peaceful event, namely the deployment of a brawler van and other public order vehicles, the use of mounted police, the Public Order Response Team (PORT), a Critical Incident Response Team (CIRT), and an Evidence Gathering Team that was filming attendees throughout the event. We stress that these annual Invasion Day rallies and marches have been  solemn, entirely peaceful and well-organised commemorative events involving tens of thousands of people, including families, children and elderly people. This highly visible level of policing understandably causes anxiety among attendees and may dissuade people from attending and/or bringing their children to the event in future. It also creates the impression among onlookers and the general public that the attendees pose a risk and must be policed. As we have stated previously, we believe that over-policing such as displayed at this event constitutes a form of discrimination.

Prevention of public address system

  • Police refused to allow a vehicle with a small public address (PA) system) to accompany the march to its ending point at the corner of Swanston and Flinders Streets.  No clear reason for this restriction was provided to organisers. The same vehicle was utlised in the 2018 march safely and effectively with no problems reported by police.  A police member involved in negotiations with the event organisors was reported to have stated that the command not to allow the PA vehicle to proceed this year came from an Assistant Commissioner.  Organisor attempts to compromise and have the vehicle meet the march at its end point were also prevented by police.  This restriction on the peaceful assembly effectively removed the ability for march organisers to communicate important messages to the many thousands of attendees and therefore increased risk to attendees.   Organisers of the march were reduced to using small megaphones to direct, provide instructions and communicate with attendees. These could not be heard by the vast majority of the many thousand people who occupied several city blocks at any one time.  We believe this limitation by Victoria Police to be unjustified, dangerous and a form of suppression of political communication.

11:46 am  Police speaking to driver of one of two PA vehicles which were prevented from accompanying the march. Photo: MALS.

Temporary restriction of march

  • At 11:30am, minutes after the march had begun and moved forward for one block, a line of standing police blocked the march proceeding down Bourke Street. This caused a delay for approximately ten minutes and created a range of potential issues for the march including increasing the risk of a crowd crush as thousands of people moved forward, and health impacts of keeping people longer in the midday sun. It is not clear why the decision to prevent the march was made by police at this point however it occurred at the time when negotiations about the PA vehicle were underway.   In this scenario, police ought to have deferred to the well-organised and easily identifiable rally marshals to allow the march to proceed or pause as required for cohesion.

    Police forming a physical barrier to prevent march continuing down Swanston St. (Photo: Facebook)

    11:34am Police forming a physical barrier to prevent march continuing down Swanston St. Photo: MALS

     

  • It was observed by and reported to Legal Observers that on numerous occasions, police presence intimidated attendees by positioning themselves, horses or large police vehicles in very close proximity to attendees, often following, or parking very close to people.  Police should be aware of the impact of their presence upon members of the public. We recommend that police maintain safe and reasonable distances from members of the public during public events.

11:38am Brawler van positioned facing attendees at a distance of approximately five metres Photo: MALS

11:38am A large police brawler van and large buses followed the march at often close proximity. Photo: MALS

Use of Mounted Unit

  • The deployment of the Police Mounted Unit at the front of the march was unnecessary, and as noted above, signaled to the public that the march posed a public threat. The presence of police horses in crowd situations pose a significant risk of injury especially given the size of the crowd, the presence of children, prams, people with disability access requirements and the inability of people to freely move out of the horses way if they are maneuvered close to crowds. While they were not utilised to control crowds, their presence remains unnecessarily intimidating and increases the risk of severe injury to attendees. We remind readers that the past six Invasion Day marches have proceeded entirely peacefully and without any incident that would warrant the use of horses.

11:55am Police Mounted Unit at the front of march down Bourke Street. This is what the public saw as the march approached. Photo: MALS

Open carriage of weaponry

  • Legal observers noted police members openly carrying paramilitary-style equipment such as flash/noise distraction devices designed to shock and disperse crowds, and possibly the newly acquired stinger grenades. As we have asserted previously, the open and visible deployment of repression technology at peaceful events serves no safety or operational purpose aside from intimidation. For example, one police officer was observed casually carrying a container of OC spray outside a vehicle for no operational purpose.

11:52am Police Evidence Gathering Team were observed constantly videoing attendees throughout the event.  Photo MALS

ID Badges

  • Some Victoria Police were observed without official ID badges on display. We continue to stress, as we have in past years, that by their own regulations, VicPol members in uniform are required to wear current issue name tags that specify first name or initial/s, surname and rank (Victoria Police Manual, Uniform and Appearance Standards, Oct 2016).

General observations

We note that no rally attendees were arrested, but observed two far-right supporters being arrested and removed from the area directly in front of the Flinders Street Station clocks (1.20pm).

Legal Observers also noted numerous incidents of police speaking with, deterring or preventing far-right, nationalist or patriot identified individuals or small groups from approaching the march throughout the day.  While we note that Victoria Police were cognizant of the risk that far-right ‘patriot’ groups or individuals would attempt to counter-protest or antagonise the march, MALS does not believe this accounts for or justifies the level of over-policing, tactics, and open carrying of weaponry witnessed.

END

This Statement is a public document and is provided to media, Victoria Police Professional Standards Command, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), and other agencies upon request.

For inquiries please contact: melbactivistlegal@gmail.com

https://melbourneactivistlegalsupport.org/

EVENT REPORT: 66 Records Label Launch, Collingwood

Published: 4 September 2018

Available for download here (PDF)

On Saturday 1st of September, to the morning of Sunday the 2nd, September, 2018 Melbourne Activist Legal Support (MALS) fielded a team of nine trained Legal Observers at the 66 Records Label launch that took place at the Gasometer Hotel near the intersection of Alexander Parade with Smith Street, in Collingwood, Victoria.

Legal Observers were present in three shifts from 9.00pm on Saturday 1st until 4.00am on Sunday 2nd September. The team was present upon request by the event organisers after Victoria Police informed the event organisers that police would be attending the event.

The presence of independent Legal Observers at events which receive particular policing attention and media scrutiny is critically important. Having trained independent witnesses can be vital for providing objective evidence and accounts after the fact for public and legal purposes. Legal Observer event reports or Statements of Concern are often utilised by journalists, human rights bodies, police complaints departments and legal teams to ascertain contemporaneous evidence and objective data.

Organisors and legal bodies are acutely aware that any events and incidents involving young people of perceived African background are highlighted and subsequent media coverage can distort public perceptions and increase discriminatory and harmful associations. These associations are commonly utilised for political purposes by commentators including politicians. It is often the case that media depictions or characterisations of an event can vary significantly from actual observed reports.

It is important to note that journalists and commentators were not present on the night and did not have contemporaneous eyewitness accounts of events as they unfolded. Having trained and independent observers at events such as these is something we would encourage under these circumstances.

MALS works closely with a range of human rights and legal bodies including community legal centres and teams are often made up of legally trained people, laws students and solicitors who volunteer their time for such events.   All Legal Observers work with MALS in a volunteer capacity.  Observers do not interfere with or hinder police work. Legal Observers closely observe the actions of police, private security and other parties in their interactions with members of the public, provide basic legal information to members of the public about their rights and responsibilities. Legal observers help ensure police and private security agents act according to their lawful powers and do not infringement upon the civil and legal rights of members of the public.

Legal Observers are identified by high-visibility vests with Legal Observer printed across the back and front.

 

Direct Observations

The Legal Observer Team on the night reported that the event was well organised, and the attendees were peaceful up until approximately 2.20am on the Sunday just prior to when the event was due to finish.

Police patrols visited or conducted walk-throughs in the venue eight times over the night. Police were polite and communications with venue staff and legal observers were cordial during each patrol. There was no indications that any altercations would break out during each of these patrols.

The final police patrol was present just outside the venue when the initial fight broke out inside.

At approximately 2.20am Sunday morning arguments and physical fights broke out amongst some event attendees. These fights began inside the venue and later broke out outside as people were exciting the venue.

The large crowd of approximately 200 people were outside the venue due to the event finishing and them being ushered outside. By 2.40am all attendees had left the venue. It is important to note that only a proportion of this crowd were actively involved in fighting. Others were trying to calm the situation or were in the process of leaving the area.

At 2:25 several PORT (Public Order Response Team) had arrived on site and began cordoning off the lanes to Alexander Parade.

At 2.41am Observers noted eight police vehicles stationed along Alexander Parade and Smith Street. By 2.45am an unmarked police 4WD and a police truck had arrived on site. And a line of 14 police were observed moving south down Smith Street.

Observers were not present at the location at the corner of Emma and Maton Streets when a car collided with the event attendees at approximately 2.45am but were present soon after. Three police members immediately attended to the injured person.

Police cordoned off this area as police and paramedics attended to the injured person. The remaining crowd dispersed over the next 60 minutes.

By 3:31am only 10 people remained in the area who identified themselves as either friends or family of the injured person.

Observers remained on site until approximately 4.00am.

Commentary

MALS asserts, based upon our observations, that policing was at appropriate levels throughout the night of the event with regular policing patrols – commensurate with an event of that nature and size. Observers notes that police responded quickly to the incidents outside the venue and more police members and resources, including the Public Order Response Team were in attendance within minutes.

Based upon our observations at the event, the calls by some parties for more police resources, powers or numbers after this event are duplicitous.

It is untrue, as some media outlets have claimed, that “200 people were involved in the brawling. Whilst a minority of the crowd were involved in sudden physical assaults, most others were attempting to stop the fights or were moving away from the venue in the process of dispersing from the area.

The Legal Observers did not witness any evidence of ‘gangs’ or ‘gang like behaviours’ at the event. The physical violence witnessed by observers was predominately between young men who were affected by alcohol.

Whilst the media commentary surround the event has been politicised by commentators almost immediately afterwards we wish to highlight some clearly evident factors missing from the public discussion of the event to date.

Alcohol is involved in approximately 60 per cent of all police attendances.[i]

Excessive consumption of alcohol is a major cause of physical and social harm. Victoria Police’s own data indicates that the availability of alcohol, either in concentrated entertainment precincts or liquor outlets acts as a substantial driver of assault and related offences.[ii]

There is a considerable amount of research and data from the health, hospital and justice sectors about alcohol related harms and strategies about reducing it. The association between the violence that occurred at this event and the perceived ethnicity of those involved is not only simplistic and incorrect; it diverts attention away from evidence-based factors and their solutions.

Our thoughts go to the people injured on the night, their friends and family members.

MALS will field legal observer teams at future events upon request if capacity allows.

For further information about Melbourne Activist Legal Support please see https://melbourneactivistlegalsupport.org/

 

 

 

[i] Miller, Peter (A/Prof). 2013, Patron Offending and Intoxication in Night-Time Entertainment Districts (POINTED). NDLERF Monograph Series No.46.National Drug Law Enforcement Research Fund. Canberra

[ii] [PDF]Policing Alcohol Harm in Victoria – Victoria Police

https://www.police.vic.gov.au/retrievemedia.asp?Media_ID=108141

 

#NotWithYou: Why more weapons for Victoria Police is a Very Bad Idea

In a carefully orchestrated public relations launch on Thursday 22 March, Victoria Police revealed it’s armoury of new repressive weaponry.

The Chief Commissioner of Victoria Police, Graham Ashton has expressed concern about how these weapons will be perceived by the public.  “We need the community to be with us on this’’ he said.  Well, we are not and here’s why.

The Operations Response Unit (ORU) received an initial $7.6 million with an ongoing ($35 million) over five years to “improve the management of large scale or high-risk public order incidents.”  The Victorian government, as part of its inappropriately named ‘Public Safety Package’ announced this funding back in 2016 and now we see what VicPol ended up buying with it.
These new weapons will be used by the Operational Response Unit (ORU) and distributed from a new hi-tech vehicle that will record evidence and can livestream to an offsite command centre. Most of these weapons have already been in use in some form by specialist units such  the Critical Incident Response Team and Special Operations Group and have come out at recent prison protests or hostage scenarios.   However this represents a significant rollout to more ‘regular’ public order police.
The only weapon that is totally new for VicPol is the VKS Pepperball firearm (pictured below). A 175 shot semi-automatic rifle that fires capsicum rounds, blunt force pellets the size of marbles or dye markers to brand people for arrest later.  These pellets can blind, maim and leave permanent injuries depending where they hit the body. (Check out the demo for it here.)   There’s footage of these guns being fired at protesters in Portland Oregan (USA) last year here.
 
The 40-millimetre rubber bullet launcher so proudly displayed by  Superintendent Tim Tully has resulted in significant injuries and fatalities around the world. Just last year a 25 year old protester was killed by a rubber bullet in Paraguay.
Stinger grenades  – (pictured below) is a pain compliance, distraction and disorientation device for ‘crowd management’, it may be hand thrown or launched in the general direction of the crowd and may be deployed for ground bursts or aerial bursts at the discretion of the operator  – It explodes releasing nine 32-calibre rubber pellets to waist height with a range of five metres.
The Flash/noise distraction grenades designed to shock and disperse crowds are routinely being used in Israel/Palestine and other conflict zones and have maimed children, can burst ear drums and  generate dangerous fear and panic in crowds.
In terms of capsicum canisters, that detonate to release a cloud of capsicum, deaths can occur if people and gas gets trapped in a confined area such as in prison cells.

Injuries from Less Lethal Weapons:  – Theodore C. Chan, MD, FACEP, Professor of Clinical Medicine, University of California San Diego Medical Center.

Instead of investing in communities these new expensive weapons increase the likelihood of violence against communities that are not valued in Victoria, t

A ‘Stinger Grenade’ mentioned above

he incarcerated and the marginalised. They will be used against teenagers at parties, against frustrated prisoners, and against citizens standing up against injustices that the government ignores.

Having observed and documented crowd control policing over the past seven years, Melbourne Activist Legal Support can safely say Victoria Police already deploy riot equipment unnecessarily, inappropriately, dangerously and in ways that infringe upon human rights. We have witnessed OC Spray being used indiscriminately, and against police’s own regulations –  on multiple occasions.
Victoria Police have stated that the main purpose for deploying these weapons is to “enhance the safety of community members and our members”. No  – these are weapons will be used against Victorian citizens.  Independent studies show that riot gear has a destabilising effect at public order events, tending to aggravate and escalate the situation and making it far more dangerous for both community and police.  Riot policing generates fear, anger, distrust and disorder.
At an event referred to during the media launch, the Milo Yiannopoulos protests in Flemington in December 2017, MALS Legal Observers witnessed police ignore hours of vitriolic racial and religious abuse of local residents by white nationalist groups, then we saw intensely provocative riot formations deployed against the very people who had experienced the abuse. Many local residents felt they they were under attack by police.
“One man who has lived at the housing estate for 15 years said he had been standing with his arms linked with other residents in a peaceful stand against the right-wing protesters who were taunting them, when they were doused with pepper-spray by police wielding batons.” –The Age 13 December 2017

Photo: Jason South

Far from justifying the purchase of these weapons, the policing in Flemington that night proved that riot policing makes things worst, and that policing in Victoria is already more intensively focused upon marginalized and ‘less-valued’ communities.
Whenever weapons like this are brought out at protests, kids parties (yes, teenage parties the spill out into the street) or during prison protests, they are routinely misused.
The almost daily misuse of OC spray by Victoria Police is a case in point.  These new weapons make the abuse of civil, political and human rights in Victoria more likely and more severe.  Under human rights law, any restrictions on protest, and any use of force, must be for a legitimate purpose and be proportionate to that aim.  We know from experience that these new weapons will be used without a justifiable purpose, against people posing no threat to police, and in disproportionate ways.

Police spraying toward a Legal Observer and toward no-one who was threatening him – in contravention of Vicpol’s regulations of use. – Melbourne, June 2017

This million dollar purchase by the Victorian government demonstrates the reach of the ever-growing Global Non-Lethal Weapons Market – a multi-billion dollar export industry in repressive technology that fuels conflicts, human rights atrocities and state repression around the world.  Law enforcement departments everywhere have been sucked in by the slick marketing of this ‘less-than-lethal’ arms industry.  Much of the repressive tech that VicPol purchases is never actually deployed (they have LRAD sound cannons for instance but never used them). Whilst civil and political unrest is very profitable for the companies driving this market, it costs taxpayers millions that could be otherwise spent on people and communities.

If the safety of the Victorian community is indeed the highest priority for Victoria Police – it should look to building trust and accountability.  If the Victorian Government is serious about community safety then investing in community resources, infrastructure and support would be far more effective and perhaps a tad less likely to infringe upon Victoria’s own Charter of Human Rights and Responsibilities.
Police misconduct, police abuse of power, police pointing guns into crowds and dressed up like robo-cops all serve to destroy trust.  Victoria Police already have strained relationships with many sections of our community, do they really want to distance and dehumanise themselves even further?
The Human Rights Law Centre (HRLC) has reported upon the disturbing trend of state governments passing draconian laws that curb civil and political rights and restricting civil society organisations to advocate.  The actual or threatened use of these sorts of repressive weapons also impinges upon our civil and political rights. If people stay away from a protest out of fear of police then their right to peaceful assembly is being restricted.  If people leave a peace assembly if they see police with weapons then their right to peaceful assembly is being restricted.

So what can we do about it?

The actual use of these new weapons is not guaranteed. Their deployment depends upon the context of the protests, the social and political climate and whether or not these weapons would be seen by media and the wider community as ‘acceptable’, ‘reasonable’ or ‘appropriate’ under the circumstances.
By ‘revealing’ these weapons to sympathetic journalists in such a careful way,  and writing to community organisations and human rights bodies that same day,  Victoria Police were essentially asking for a social license to use them. It is imperative that they are not given this.
If Victoria Police anticipate a public, media and political backlash it will deter use of these weapons.
Likewise, if they perceive, rightly or wrongly, that they may face costly litigation after these weapons are deployed then that may also serve to restrict their use.
The role of legal observers, human rights advocates and activist lawyers will be critical if these weapons are ever deployed against members of the public in Victoria

We are citizens not enemy combatants.  Do not deploy weapons on us.  #NotWithYou


Further background:

This new riot gear is part of the $2 billion Victorian State Government package that includes a massive new training facility for special operations police, a $15 million a ‘state-of-the-art, New York-style’  24/7 Monitoring and Assessment (surveillance) centre in Melbourne’s CBD.
Also included is a $227 million IT data intelligence program run by SAS Institute Australia which will merge databases and allow predictive tracking that will make the Cambridge Analytics revelations seem relatively benign.  Body worn cameras, as well as more than 3100 extra police officers are part of the package.  This is all tied up in the Andrews Government’s ‘Community Safety Statement’ which was developed in the context of an Victoria’s ongoing racialised law & order auctions between the major parties.
See also:

Who’s who in Victoria Police

EVENT REPORT: Invasion Day Rally and March 2018

26 January 2018

Melbourne Activist Legal Support (MALS) fielded a team of seven(7) legal observers at the 2018 Invasion Day Rally and March which was organised by the Warriors of Aboriginal Resistance (WAR).

The team observed and noted police behavior, crowd control tactics and interactions with the public from 9.30am until the completion of the event at 3.30pm.

Police presence was significantly larger than for previous Invasion Day protest marches in recent years but moderate given the large estimated crowd size which ranged between 40,000 – 60,000 attendees. 

As MALS has discussed previously, protests by or about indigenous rights, black deaths in custody or land rights in Australia have historically attracted a more interventionist and controlling level of policing than an equivalently sized non-indigenous protest.  MALS has observed this over the past few years where peaceful, well organized and even solemn events such as the Invasion Day rallies are heavily policed despite there clearly being no plans for disruptive or violent action.

Police conduct during the 2018 march through the Melbourne CBD primarily appeared to be generally facilitative and designed to manage the movement of the marchers west down Bourke St, to turn south down Swanston Street and then eventually east down Flinders Street to the march endpoint at Parliament Gardens.  Some Public Order Response Team (PORT) cordons were positions across streets at various locations designed to prevent the march interacting with the City of Melbourne Australia Day Parade down Swanston St. This meant that the march was delayed for short periods of time whilst organisors liaised with police and saw the eventual moving of police cordons.

Police cordons during similar protest events in the CBD can infringe upon the rights of peaceful assembly and association contained in section 16 of the Victorian Charter Of Human Rights and Responsibilities Act (2006). The team present on this day considered the limitation in this instance to be temporary, particulary considering the length of time the marchers chose to remain at various intersections along the route which were unhindered by police action.

The Australia Day Parade was completed by the time the march arrived at Swanston Street but metal barricades along both sides of the road posed some problems due to the large crowd size.

MALS was also noted that police were cognizant of the risk that right-wing groups or individuals would make attempts to counter-protest or harass the rally.  The team noted one incident on Flinders Street where a right wing activist was prevented from gaining access to the protest by police.

We note from the Street Medic team present that only minor heat related injuries were treated.

Areas of Concern:

The Victoria Police Mounted Branch (9 horses and mounted police) was present and maintained a position approximately 50 metres in front of the protest march for most of the time. The presence of police horses in crowd situations poses a significant risk of injury given the size of the crowd, the presence of children, prams and the inabilty of people to get out of their way if they are manoeuvred close to crowds. Although they were not utilised to control crowds at this event, their presence remains unecessarily intimidating and MALS strongly recomends that police horses not be deployed in any crowded or populated area at any protest event due to risk of servere injury.

Use of force:

Legal Observers witnessed and received some reports of use of force by police members in the Public Order Response Team (PORT) as the attendees rallied at the Flinders St station intersection.

One attendee reported that her female friend and an elderly male were pushed back by an police member as they tried to move further down St Kilda Rd/Swanston St when the march initially arrived at the intersection. The attendee reported that the officer was unprovoked and had not issued any verbal instructions or warnings beforehand.

A MALS Legal Observer was also subject to physical force (a rough push) by a PORT member upon arrival at the Flinders St intersection. The legal observer subsequently brought this to the attention of the officer in charge.

Identification:

MALS also notes with some concern that many PORT members were not wearing their official ID badge, despite requirements to do so. Notably, the PORT member who pushed the MALS legal observer did not have their ID badge.

By their own regulations, VicPol members in uniform are required to wear current issue name tags that specify first name or initial/s, surname and rank. (Victoria Police Manual, Uniform and Appearance Standards, Oct 2016)

As we have noted numerous times previously, the wearing of visible name tags at protest events is inconsistent and this poses serious problems for accountability.

Media and online harassment of activist

We also note with concern that some sections of the media choose to single out and highlight one provocative statement from the rally and even made it into a headline in some cases.

Legal Observers heard the statement in its context and it was clearly a metaphorical and figurative point as was later explained by the organisor herself.  Singling out this one statement amidst an half day of speeches is no more than racist demonisation. It has served to generate outrage and condemnation from parties who were not present and has resulted in online abuse, threats and harrassment of the organisor.

The abuse or harassment of an activist in any online forums is unacceptable.   Resources to deal withthis sort of online harrassment are available here and here.

Melbourne Activist Legal Support (MALS) supports activists to defend their civil and political rights by fielding legal observers at protests and rallies, and providing training, resources and up to date information on the right to protest in the State of Victoria. This is the fourth year in a row that MALS has provided support to attendees at the Invasion Day Rally.

 

This Statement is a public document and is provided to media, Victoria Police Professional Standards Command, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), and other agencies upon request.

For enquiries please contact: melbactivistlegal@gmail.com

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STATEMENT OF CONCERN: Unlawful use of OC Foam 25/6/2017

 

‘No Pride in Hate’ rally 25 June 2017, Melbourne, Australia

On Sunday the 25th of June 2017 Melbourne Activist Legal Support (MALS) fielded a team of five (5) trained Legal Observers at the ‘No Pride in Hate’ protest that took place between the Carlton Gardens and Melbourne’s Central Business District.

Legal Observers monitored and recorded interactions between Victoria Police and protesters throughout the 3-hour event.

Legal Observers witnessed two (2) incidents of use of OC aerosol foam during the event. After thorough review of video footage and witness statements, MALS has concluded that the use of OC foam in both of these incidents breached Victoria Police’s own use of force guidelines and regulations. (See VPM extract below)

Police, media representative and members of the public are reminded that the police use of force that falls outside police guidelines and regulations is serious and could be determined to constitute unlawful assault.

OC Spray Incident 1

OC Spray was deployed at 11.42 AM at South West corner of the intersection between Victoria Parade and Nicholson Street. Police had rapidly formed a north-south cordon to prevent protesters crossing north over Nicolson Street and clashing with a far-right group who at that stage, were still situated at south-east corner of Carlton Gardens.

A small number of protesters (approx 6) along south of Victoria Parade, can be seen pushing plastic road barriers away from the police line onto Victoria Parade. The police line was situated approx 5 metres east of protesters, in the middle of Victoria Parade. A group of media photographers and a Legal Observer were adjacent between the police line and the small number of protesters pushing the barriers.

At 11.42am one police member (name/number unknown), came out from behind the police line and deployed OC foam, appearing to target one protester who and had their back turned away from that police member and who was pushing a barrier further onto the road. The police member using the foam canister appeared to then spray it indiscriminately in the general direction of the barriers, and then directing it at the group of photographers and then in the direction of the Legal Observer present. The action was well documented with both written and video evidence. (see Figures 1 and 2 below).

The police member then turned and went back through the police line. This member was not identified.

At the time the OC foam was deployed, MALS saw no evidence of violence or serious physical confrontation by protesters directly towards police. Those affected by the OC foam had either their backs turned away from and were moving away from, the police line or were stationary, as were media, photographers and Legal Observer in the area covered by the spray.

Figure 1: OC Incident 1 – Photo showing people with backs turned away from police being sprayed. No threatening behaviour evident prior to spray. Photo by Legal Observer 25 June 2017

 

 

 

 

Figure 2: OC Incident 1 – Spray then directed toward the Legal Observer. Photo by Legal Observer 25 June 2017

 

 

 

MALS asserts the use of OC spray in this circumstance appeared to be an undisciplined and indiscriminate reaction to a loud and fast moving protest situation and was neither necessary nor proportionate to any risk faced by police members at that time. The OC spray did not appear to have served any protective or crowd–control purpose.

OC Spray Incident 2

A second OC spray incident occurred at approximately 1.00 PM at the north side of intersection between Latrobe and Russell streets in Melbourne’s CBD.

The main body of ‘No Pride in Hate’ protesters (approx 150-200) were marching north up Russell Street. Upon reaching the intersection a large contingent of police formed a line to block northward progress across the intersection and instead redirect protesters West down Latrobe Street.

This police manoeuvre appeared to be instigated in order to prevent further contact with the opposing protest group that was returning to the Carlton Gardens via Nicholson Street. At that point in the intersection, “No Pride in Hate’ protesters were surrounded on north, east and south sides by police lines. Police began loudly shouting “move, move” whilst physically pushing protesters in a westerly direction.

Whilst some protesters appeared to have already turned west, others in the group were prevented from moving in the direction by police lines. Others appeared to be refusing to comply with the police direction. Within a few seconds of the loud “move” direction from police, a member [name/number unknown] deployed OC spray from behind the police line directly into and over the large group of protesters.

It appeared to Observers present that the use of OC spray in this instance was a measure to force compliance with a direction to move, rather than a response to violence or serious physical threat to police or bystanders.

Street Medic groups treating those injured by OC spray reported fourteen (14) people severely incapacitated by the OC spray’s effects, and continued to provide treatment at the same intersection for two hours afterwards. Paramedics called to the scene by the Street Medic team arrived approximately one hour after the incident and treated five (5) of those most severely affected.

Approximately eight (8) Public Order Response Team (PORT) police members arrived at scene about 15 minutes after the paramedics, and were observed to instruct any protesters remaining, that were not being directly treated, to vacate the area. Police used physical force to pull some medics and support people away from those being treated.

This disruption to the treatment and care of injured people appeared unnecessary, as those present were not interfering with the paramedics and in most cases were actively assisting with after-care and treatment. By forcibly moving medics and carers away from people being treated this police action added to the distress of those suffering from the OC spray.

 

KEY POINTS:

  • In each of these two circumstances police were dealing with fast moving protest situation and a loud, chanting and certainly noncompliant group of protesters. Despite this, police did not appear to be facing a violence or serious physical confrontation that would warrant such use of force under common law requirements or 462A Crimes Act;

 

  • The use of OC spray appeared to be deployed in order to force compliance or move protesters;

 

  • The use of OC spray in these two circumstances was used contrary to Victoria Police guidelines. OC spray should not be used as a crowd control tool or to force compliance. (See VPMG extract below).

 

  • In both incidents the OC spray affected an array of people in a seemingly indiscriminate manner; either over a large number of people in a crowd or toward third parties such as media photographers or Legal Observers;

 

  • This use of OC spray reflects similar incidents at other Victorian protest events where OC spray has been sprayed directly at people not directly confronting police or third parties such as Street Medics or media. This reoccurrence may indicate a training and policy issue with its use in protest and crowd situations.

 

  • MALS is deeply concerned by the use of OC spray onto members of the media and independent Legal Observers. Under the United Nations Declaration of Human Rights Defenders, Legal Observers have a right to fulfil their role unhindered and without obstruction.

 

  • MALS recommends that Victoria Police specifically note the role of civilian Legal and Human Rights Observers within its Crowd Control VPMG and for Forward Commanders to brief operational members of the requirement to ensure the safety and access of Legal Observers who may be present at subsequent protest events.

 

  • MALS also recommends that Victoria Police specifically note the role of civilian medical and first aid groups within its Crowd Control VPMG and for Forward Commanders to brief operational members of the requirement to ensure the safety and access of civilian first aiders who may be present at subsequent protest events.

 

  • MALS is also aware of issues concerning the treatment and mis-gendering of trans people who were searched by police under the Control of Weapons Act powers. These are the subject of separate complaints.

 

 

Appendix: Victoria Police Manual 2017 – Procedures and Guidelines(VPMG)

Operational safety and equipment

3.2 Use of OC aerosols

  • As stated in VPMP Operational safety and equipment, members must only use force in accordance with legal requirements (e.g. 462A Crimes Act, common law). In keeping with this, members should only use OC aerosols where they believe on reasonable grounds it is necessary and proportionate in situations: – of violence or serious physical confrontation

– where violent or serious physical confrontation is imminent

– where a person is involved in violent or other physical conduct likely to seriously injure themselves or result in suicide

  • Members should not use OC aerosols when a person is only passively resisting e.g. simply hanging limp or refusing to comply with instructions only.

 

 

This Statement is a public document and is provided to media, Victoria Police Professional Standards Command, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), and other agencies upon request.

For enquiries please contact: melbactivistlegal@gmail.com

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