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/

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#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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https://melbourneactivistlegalsupport.org/

Inquiry into Drug Law Reform: Submission

Standing Committee on Legal and Social Issues

Submission to the Inquiry into Drug Law Reform

Parliament House, Spring St
EAST MELBOURNE VIC 3002

 

Dear Committee Secretary,

Endorsement of the Abolitionist and Transformative Justice Centre’s (ATJC) submission

Melbourne Activist Legal Support (MALS) welcomes the opportunity to endorse the Abolitionist and Transformative Justice Centre’s submission to the Committee’s Inquiry into Drug Law Reform.

MALS observes, documents and reports on police and civilian engagement and harmful policing practices through its work supporting activists to defend their own civil and political rights to protest in the State of Victoria.

This endorsement focuses on the section of ATJC’s submission detailing how harmful police practices may increase the likelihood of drug-related harm in the community.

ATJC’s submission recommends:

That there be recognition of the harmful effects of policing on community-based harm reduction methods.

That police participate in meaningful harm reduction that guarantees safety for drug users, safeguarded by law and not just reliant on policy.

MALS makes a further submission that “meaningful harm reduction” extends to include banning the use of drug detection dogs and strip searches at music and arts festivals.

Research has shown that 30% of people when seeing drug detection dogs at an event consumed all of their drugs at once to avoid detection, leading to a higher risk of overdose. [1] The same study also found that searches had a very low success rate and research participants commented that police interactions left them feeling anxious and humiliated.[2]

Based on the research undertaken by advocates working with criminalised people subjected to strip searches, MALS submits that strip searches are particularly invasive and troubling for women and gender diverse people and have proved not to be successful at preventing drug related harm.[3]

If you have any questions in relation this endorsement or seek further advice from MALS please contact Katia Lallo, Collective Member,by email melbactivistlegal@gmail.com.

Yours faithfully,

Melbourne Activist Legal Support

16 March 2017

 

 


[1] Purple Hazelwood, Stan Winford, Dr. Jennifer Johnson, Rebecca Jenkinson, Damon Brogan, Sniffer Dogs: Their role in the reduction of drug-related harm? Presented at Club Health June 2008, Ibiza, Spain.

[2] Ibid.

[3] See, McCulloch, Jude and George, Amanda, ‘Naked Power: Strip Searching in Women’s Prisons’, in J. McCulloch and P. Scraton (eds), Violence of Incarceration, Routledge (2008).

 

Public Statement: Reclaim Australia and Counter Rallies 18/7/2015

18 July 2015, Melbourne, Australia

On Saturday the 18th of July 2015 Melbourne Activist Legal Support (MALS) fielded a team of eight (8) trained Legal Observers at the Reclaim Australia and counter rallies that took place near the intersection of Spring and Bourke Streets in Melbourne’s Central Business District.

Legal Observers monitored the actions of Victoria Police and recorded evidence throughout the 5 hour event.

We note that Victoria Police had a large presence and cordoned off the entire intersection in front of Parliament House. MALS acknowledges that Victoria Police efforts were directed at maintaining space between two opposing political groupings on the day in order to avoid physical confrontation.

Areas of concern:

Legal Observers noted several incidents of use of OC foam/spray by a specialist unit of Victoria Police at the event. According to the Melbourne Street Medics upwards of 100 people had to be treated because of the use of this spray. OC spray/foam causes severe burning for several hours, incapacitation and can affect the respiratory system causing breathing difficulties.

A particular area of concern was an incident that occurred at the corner of Spring and Little Bourke Streets at approximately 12:43 PM.  An ad-hoc medic triage station had been set up on Little Bourke Street near the corner. One patient was semi-conscious on the ground and under the care of the Street Medics and waiting for the ambulance. A physical altercation between rival protestors began directly in front of the medic station when Police rushed around the corner and immediately and without warning sprayed into the crowd of 60-80 people present. Street Medics and other volunteers who were trying to keep the medic triage area clear were severely affected by the OC foam as were most people in the area (including journalists and bystanders). The injured person receiving care was again affected by the OC spray.

According to Legal Observers present the OC foam was not directed towards individuals who were threatening police or engaged in violence but instead was directed over and onto the entire crowd of people present. For this reason the MALS Legal Observer Team identifies the use of OC foam in this circumstance as indiscriminate and therefore unlawful.

MALS condemns the use of OC Foam against members of the public who were already injured and medical staff whose presence was made clear to police on a number of occasions before this incident occurred.

In the future as our group increases in capacity we hope to be able to provide more comprehensive assistance in such instances, however we would like to share the following information in the meantime:

We encourage people who want to take further action to immediately record all details from the event, including as much factual detail as possible, and to make duplicates of any footage of incidents depicting inappropriate use of force.

If any individuals or groups wish to submit a formal complaint about police conduct during the event please contact:

Police Complaints Advice Clinic

Flemington and Kensington Community Legal Centre
Phone: (03) 9376 4355
Email: fklegal@fkclc.org.au

& Website

If you would like to make a complaint directly without checking in with Flemington Kensington:

Police Conduct Unit

GPO Box 913
Melbourne VIC 3001
Telephone: 1300 363 101
Email: PSC-POLICECONDUCTUNITCOMPLAINTSANDCOMPLIMENTS@police.vic.gov.au

Check this page on the activist rights website for more information about making a complaint about police conduct.