PRELIMINARY STATEMENT OF CONCERN: Policing of IMARC Protests

Tuesday 29 October 2019

Melbourne Activist Legal Support (MALS) fielded a team of Legal Observers at this mornings protest events at the International Mining and Resources Conference (IMARC) that took place at the Melbourne Convention & Exhibition Centre
South Wharf in Melbourne, Victoria.

The protest involved activists chanting, singing, holding banners, speaking and linking arms at the entrance of the Conference centre to block the entrance in a peaceful manner.

Image may contain: one or more people and people standing

Legal Observers were present at the site from 6.30am-12.00pm, observing, monitoring and recording police conduct and interactions with protesters. Over that time the team recorded behaviour and noted several areas of concern:

Excessive use of force.

Legal observers have recorded multiple instances of police shoving and pulling protesters with such force that they were propelled to the ground. Police have been observed pushing protesters down concrete stairs and kicking protesters without giving prior warning to move on. Police were observed grabbing and pulling protesters around the neck.  Multiple injuries of protesters have been reported including one protester who was thrown into a cement wall and hit the back of his head.

Use of mounted horses for crowd control.

Police mounted branch have been recorded moving directly into crowds to push back protesters. Multiple injuries have been reported including one activist at 8.00am who received medical attention by emergency service workers with a suspected broken arm and leg. It is well recognised that horses can cause severe, bone breaking injuries.

Legal Observers noticed that the horses were visibly ‘spooked’ by the presence of a large inflatable ‘Earth’ ball. (8:15am). In light of the above, MALS calls upon Victoria Police to immediately withdraw the mounted unit from crowded areas and prohibit their use on future days of the protest event.

Use of capsicum spray and police batons.

Legal Observers recorded police officers using police batons to strike and push back protesters. Several overhead baton strikes were recorded which contravene VicPol’s baton use guidelines.  OC foam and OC spray was also used multiple times by police officers on the crowd of protesters. Despite the crowds being loud and non-compliant, it appears the use of OC spray and police batons was a measure to force compliance with a direction to move on, rather than in response to violence or serious physical threat to police or bystanders, that would warrant such use of force under common law requirements or 462A Crimes Act.

Our observations were that in numerous instances the use of force was excessive, harmful, unnecessary and was well outside of Victoria Police’s Use of Force guidelines.

Removal by police officers of identification name tags and refusal to give identification when asked.

Legal Observers have observed police officers purposely removing their name badges and turning them around to obscure their identification.

Commentary:

By refusing to move IMARC protestors are committing, at worst very minor (Summary Act) offences. These offenses do not justify the use of batons, punches, kicks, dangerous use of horses. Police have a range of tactical options available to them that do not use force (ie. leave a protest in place for periods of time – the protest completed at approximately midday) and present far less risk to everyone. Police tactics such as crowd pushes and maneuvers directly into crowds by the mounted unit turned static and peaceful picket lines into dangerous commotions and generated high degrees of distress and chaos.   Many of the charges laid by police during the event were in direct relation to the actual actions of police. (ie the offense would not have occurred were it not for the police crowd control tactic itself).

At the time of writing, there were an estimated 200+ police officers present and approximately 40+ arrests. Melbourne Activist Legal Support will be attending the blockade each morning  until Thursday 31st to continue our observations.

This is a public document and can be quoted by media.

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An Open Letter to Victoria Police:

‘Disruption to others’ does not justify limiting the Right to Peaceful Assembly

6 October 2019

Melbourne Activist Legal Support (MALS) acknowledges the response to our recent Statement of Concern by Victoria Police Assistant Commissioner Luke Cornelius (3 October 2019)

In reply and in light of protest events planned in Melbourne for the month of October we take this opportunity to remind Victoria Police senior command and all operational commanders assigned to public order policing duties over the coming weeks of the following:

There is no basis for claiming that a protest that is deliberately disruptive to the activities of others falls outside the protection of rights to freedom of assembly;

The Right to Peace Assembly, Freedom of Association and the Right to Political Expression have far greater legal protections and recognition both within Victorian legislation and in international law than the Melbourne Flower Show, The Grand Final Day Parade, Moomba and White Night and many other similar public events regularly held in Melbourne’s CBD;

Events such as the Melbourne Flower Show, The Grand Final Day Parade, Moomba and White Night all cause significant disruption to public access to roads, public parks, through traffic, trams and vehicular access. Policing these events includes facilitating the shutting down of significant parts of the city over significant periods of time;

‘Disruption to others’ is not, nor can it be used as an excuse, rationale or justification for limiting or preventing civil society groups from enacting the Right to Peaceful Assembly and The Right to Freedom of Political Expression at public events;1

There is no commensurate ‘right not to be disrupted by other people’s activities’;

In light of the fact that political expression is the most protected by law of all forms of expression. it is arguable that peaceful protest should be facilitated over and above that provided to commercial and community events mentioned above;

We remain concerned about recent public comments made by North West Metro Region Commander Tim Hansen (Herald Sun 4/10/19), that seem to equate disruption with threats of violence as well as earlier comments by Minister for Home Affairs, Peter Dutton. (2GB, 4/10/2019)

International human rights jurisprudence clearly recognises that peaceful assembly, by its very nature, is disruptive, and can inconvenience and be perceived as a nuisance by some people, but that “Rights worth having are unruly things.2.

Furthermore, the actions of some or a minority of people involved in an event do not remove the rights of peaceful assembly for others collectively; individual actions that are unlawful committed in the course of a demonstration cannot be used to justify the removal or limitation of the collective rights to peaceful assembly and expression; 3

The rights to peaceful assembly, association and expression are explicitly recognised and protected within Victorian legislation and international human rights law precisely due to their importance to the establishment and maintenance of a free, equal and democratic society;

In essence, the bar to determine whether ‘disruption’ becomes a threat to ‘public order or safety or morality’ needs to be set quite high.  Particularly in light of the extent of disruption caused regularly by other public events such as community festivals, parades, commercial events and road works which are not protected in legislation.

Any policing of civil society actions or events that limits these Charter rights must be
– lawful
– necessary, reasonable and proportionate, and
– in compliance with the Charter of Human Rights and Responsibilities Act 2006.

Further any limitation must be demonstrably justified in a free and democratic society based on ‘human dignity, equality and freedom’. Decisions by public authorities to limit Charter rights require substantial evidential backing to be justifiable and cannot be based upon assumptions, opinions, operational imperatives or current practices; 4.

Melbourne Activist Legal Support will be fielding teams of trained, independent Legal Observers in the CBD at protest events during October to record, monitor and report upon actions of Victoria Police members according to their responsibilities under the Charter, the International Covenant of Civil & Political Rights (ICCPR) the Victoria Police Manual, use of force guidelines and other human rights considerations and jurisprudence;

We remind Victoria Police of the recommendations made regarding the policing of public protest events and reiterate our request that they be incorporated into operation orders and the VPM. [Statement of Concern: The Policing of Extinction Rebellion]

Responses or further inquiries regarding this open letter can be made to melbactivistlegal@gmail.com

About Melbourne Activist Legal Support

Melbourne Activist Legal Support (MALS) is an independent volunteer group of lawyers, human rights advocates and, law students and para-legals. MALS trains and fields Legal Observer Teams at protest events, monitors and reports on public order policing, provides training and advice to activist groups on legal support structures and develops and distributes legal resources for protest movements. MALS works in conjunction with law firms, community legal centres and a range of local, national and international human rights agencies. We stand up for civil & political rights.

To support our work please make a small donation at:

Endnotes:

1. Despite a lack of Australian case law, courts in Europe have repeatedly made clear, direct action protests, including lockons, occupations of land and other activities which are capable of being deliberately disruptive to others, fall within the scope of Articles 10 and 11 in the European Convention of Human Rights (ECHR). In
Hashman and Harrup v United Kingdom (1999) 30 EHRR 241 the court stated:
“It is true that the protest took the form of physically impeding the activities
of which the applicants disapproved, but the Court considers nonetheless
that they constituted expressions of opinion within the meaning of Article
10… The measures taken against the applicants were, therefore,
interferences with their right to freedom of expression.” (at [28])
This was confirmed in the United Kingdom in R v Roberts & Others [2018] EWCA Crim 2739 which concerned the deliberate blocking of a major road for a period of 3
days. The Court of Appeal stated: “there is no doubt that direct action protests
5 App 76900/01, 29 June 2006 fall within the scope of articles 10 and 11…“ (at [39]).

2. In considering the need for tolerance of disruptive protest (whether intentional or
collateral) the words of Laws LJ in Tabernacle v Secretary of State for Defence
[2009] EWCA Civ 23 are insightful:
“Rights worth having are unruly things. Demonstrations and protests are
liable to be a nuisance. They are liable to be inconvenient and tiresome, or
at least perceived as such by others who are out of sympathy with them.”
(at [43]).

3. Strasbourg case law which emphasises that a protester does not lose the right to assemble/protest peacefully unless they themselves are violent:
“an individual does not cease to enjoy the right to peaceful assembly as a
result of sporadic violence or other punishable acts committed by others in
the course of the demonstration if the individual remains peaceful in his or
her own intentions or behaviour” (Ziliberberg v Moldova, App no 61821/00 Admissibility decision of 4 May 2004).

Also relevant is Moos & Anor, R (on the application of) v Police of the Metropolis [2011] EWHC 957 (Admin) (14 April 2011) discussed at: https://www.hrlc.org.au/human-rights-case-summaries/moos-anor-r-on-the-application-of-v-police-of-the-metropolis-2011-ewhc-957-admin-14-april-2011?rq=peaceful%20assem

4. See http://www.judicialcollege.vic.edu.au/eManuals/CHRBB/57276.htm

STATEMENT OF CONCERN: The Policing of ‘Extinction Rebellion’

Princess Bridge Blockade and dance protest event Saturday 14th September 2019, Melbourne, Australia

Please Note: A response by Victoria Police to the Statement of Concern is included below.

On Saturday 14th September 2019 Melbourne Activist Legal Support (MALS) fielded a team of eight (8) trained Legal Observers at the ‘Princes Bridge Block & Dance’ protest event that took place on St Kilda Road between the Flinders Street intersection and the Victorian Arts Centre precinct.

The protest was organised by sixteen local chapters of an international climate movement, Extinction Rebellion. The widely promoted event was billed as an explicitly nonviolent “powerful, fun and peaceful disruption”.[i] The protest was originally intended to go until 21:00 that evening.[ii]

Legal Observers worked in pairs and were interspersed across the protest site from 11:30 until 15:00, monitoring and recording observed police manoeuvres, conduct and interactions with protesters. The team observed several hundred police working in different Public Order Response Team (PORT) units, arrest teams, the Mounted Branch, plain clothes police prosecutors, the Evidence Gathering Team and witnessed up to forty-four (44) arrests by police.

Over that time the legal observers team noted several areas of concern as described below. Six recommendations to Victoria Police stemming from these observations are included at the end.

A downloadable copy of this Statement is available here (PDF).

1. The police cordon prevented hundreds of supporters from joining the protest thereby limiting the right to peaceful assembly.

From approximately 12:15 police began placing blue and white police tape across the road at the both the north (CBD) end and the south (Arts Centre) end of the protest area. This tape, combined with lines of police along and around the area affectively created a ‘protest zone’ on the Princess Bridge. Police started soon after (from 12:27 onwards) police began preventing people entering or moving through this area including the footpaths on either side of the bridge. By 12:30 the area including footpaths was entirely blocked by police cordons. People were directed to use other bridges to get to the opposite side of the Yarra River.

Importantly, this cordon was established and people actively prevented from accessing the protest prior to any warning of unlawful activity being provided by police.

Figure 2-3: Police establishing a cordon to restrict access to the peaceful assembly. [Photos by Legal Observers]

Reasons provided to Legal Observers and the public by individual police members as to why they were preventing access varied but many cited ‘public safety’ or ‘operational safety’ whilst numerous police members failed to provide any reason for restricting people’s right to attend the protest event.  By 13:00 several hundred people were surrounding the police cordon area at different points with many verbally expressing a desire to join the protest [see Figure 6]. Some protesters who had left the areas to use nearby facilities were not permitted back to the assembled protest. Legal observers witnessed several people attempting to enter or remonstrating with police to be able to enter and join the protest assembled on the bridge. Numerous people also expressed concern on social media (Facebook / Twitter) about not being able to join the protest as they had intended to do.

The right to peaceful assembly is protected at international law. In Victoria, the Charter of Human Rights and Responsibilities Act 2006 (Vic) ss15 and 16;[iii] expressly protects and promotes the rights to assembly and expression. Police cannot place restrictions to arbitrarily and discriminatorily intervene in protest.[iv]

According to the Victoria Police Manual (VPM):

All police actions that limit another person’s human rights must be:

– lawful

– necessary, reasonable and proportionate, and

– in compliance with the Charter of Human Rights and Responsibilities Act 2006.

Where applied, any time, place or manner restrictions on protest must be in good faith, in accordance with law, and conform to the principle of necessary and proportionate limitation.

Figures 4-5: Police cordons established that prevented access to protest area. Note that no threat to safety was present. [Photos by Legal Observers]

‘Breach of the Peace” powers, often cited by police in these circumstances to move on members of the public, require imminent threat of violence or property damage to come into effect and are far too ill-defined to provide justification for a limitation such as this.

The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association has stated that government action restricting protest need to be specific; they cannot be made in the abstract “or by indicating general, unspecified risks, but must be made in an individualized fashion, applied in the particular case or with a specific justification.”[v]

Melbourne Activist Legal Supports asserts that the police cordon established by Victoria Police around this protest from 12:15 until 15:00, unjustifiably limited people’s right to assemble together peacefully in order to protest. We contend that this limitation on the right to peaceful assembly was without lawful basis or rationale on the grounds of safety or public order. Despite a degree of ‘disruption’ caused by the protest event, this disruption was time limited and no more significant in affect than other large rallies and assemblies held regularly in the Melbourne CBD. There was no threat to public safety present or expressed.

It is the view of MALS that the police cordon was solely an operational tactic by police that allowed them to control the protest, limit its scale and therefore to more easily facilitate the affecting of arrests. This operational reason does not form a reasonable justification for the limitation of such an important right under Section 7 of the Victorian Charter.[vi]

Figure 6: Crowds of people being unable to join the peaceful assembly [Photo by Legal Observer]

2. Media representatives, journalists and camera operators were directed by police to leave the cordon ‘protest area’ from 13:00. This restriction on media ability to film, interview and cover the protest event was without a clear lawful basis.

Legal observers first noted police directing media to leave at 13.04 when Channel Nine news crew was directed to leave.   Other journalists and camera operators were directed to move to the other side of the police tape or cordon systematically over the next 15 minutes.

Police members provided various reasons when questioned by media personnel about why they were being directed to leave, citing ‘safety’ ‘operational safety’ or ‘police operations’. Legal Observers did not record any police providing a lawful reason or citing a legislative power for this action. Police have limited powers to move-on or direct a person to leave an area, particularly a protest or picket. It is not clear whether police were exercising powers under Section 6(1) of the Summary Offences Act 1966 or seeking to apply common law ‘breach of the peace’ powers. In either case is doubtful whether the criteria for the use of such powers would have been met in these circumstances.[vii]

It is an important principle that journalists should be allowed to carry out their duties reporting on a matter of public interest. Although safety was the most cited reason provided by police, media are well versed in covering arrest situations from a distance that does not hinder or endanger police or protesters. The restriction applied at this protest prevented interviews, footage and coverage of the protest being obtained and appeared to be without a clear lawful basis.

 

3. Obstruction of Legal Observers

Although police permitted some Legal Observers to remain within the cordoned ‘protest area’, at 12:47 several legal observers were directed by police to leave the cordoned area. Importantly, this direction severely limited the ability of legal observers to monitor arrest procedures and the use of force when carrying out an arrest. From the distance legal observers were not able to ascertain whether levels of force consistent with guidelines and lawful powers were being used.

Under the United Nations Declaration of Human Rights Defenders, Legal Observers have a right to fulfill their role unhindered and without obstruction. [viii]

Figure 7: Although some Legal Observers were permitted to remain in the cordoned area after negotiation, several LOs were directed to leave. [Photo, MALS]

 

4. Use of Mounted Branch at a peaceful protest

The Victoria Police mounted branch, (police horses) were present at this protest event, forming lines of police horse around the main protest group at the north and south end of the police cordon.

As we have stated previously the deployment of police horses for such public protest events is unwarranted an unnecessarily intimidating.

The legal observer team could see no operational reason for the Mounted Branch being deployed given the number of police present, the nature of the protest and presence of elderly, disabled and very young people. Any use of horses in public environments and amidst large crowds is by its nature extremely hazardous, due to the risk of uncontrolled and potentially fatal use of force. We reiterate our assertion that police horses should be prohibited from deployment in all crowd control applications.

Figure 8-9: Victoria Police Mounted Branch deployed when no operational reason evident. [Photo by Legal Observers]

 

5. Use of handcuffs and zip-ties when carrying out arrests

Legal observers noted multiple uses of metal handcuffs and plastic zip-ties being used as constraints during several arrests. Handcuffs were not used on all arrestees.

The use of handcuffs or similar restraints on a non-compliant person is considered a use of force and should only be used under particular conditions. In this circumstance there were no threats that warranted restraints being used.

Figure 10: Policing using a compliance hold unnecessarily whilst removing zip-ties from an arrestee [Photo by Legal Observer]

Handcuffs can cause ligament, arm or shoulder injuries, circulatory problems and severe bruising, particularly when people are being carried or moved by police.   One person arrested at this protest reported cuts on arms received during their arrest.   Anther protester reported that he was told by police that he was “resisting arrest” when he was only trying to stand up from a sitting position. Numerous people reported that they considered the use of restraints entirely unnecessary, as they had no intention of resisting the arrest process.

By taking a person into custody, police impact a person’s rights and freedoms under the Charter of Human Rights and Responsibilities Act 2006. “Any use of force must be justified and only to the level required to reasonably effect arrest or removal of persons.” – (VPMG Crowd Control)

In the circumstances observed at this protest event we do not consider the use of handcuffs and zip ties to be justified. We assert that hand cuffs or zip ties should not be used for non-resisting arrestees and not be used in circumstance where people are being carried or moved after choosing not to cooperate with their arrest.

 

6. The carrying of long side handled batons and capsicum (OC) spray

Legal Observers noted multiple police members carrying long side-handled batons and holstered capsicum (OC) spray canisters at this protest event. Legal observer noted one police member carrying OC spray in an unclipped holster (photo available).

As required by VPMP Operational safety and equipment, the Police Forward Commander must give careful consideration to the type of operational safety or other protective equipment that will be carried or worn by members at planned public order operations. “The level of equipment carried or worn should be commensurate to the risk likely to be encountered.”

Figure 11: Long side-handled batons can only be used when a police member is facing a severe threat [Photo by Legal Observer]

The legal observer team asserts that the carrying of long batons and OC spray at this protest event was unwarranted given the risks likely to be encountered. The open deployment of police weaponry is always intimidating and can be perceived as threatening to the public. This threat and intimidation can be, in affect, a limitation upon the rights of peaceful assembly and association if people do not fee safe to come to or remain at a protest.

 

 

Other Observations

The legal observer team noted several warnings being provided by police by megaphone at different times and in different locations and that police provided an individual warning and an opportunity for people to leave the area prior to each arrest.

Legal observers also noted that arrest teams of six or more police members were used to affect each arrest. This provided enough members to carry those people who chose not to cooperate with the arrest procedure and ‘go limp’ relatively safely.  Aside from those issues referred to above this meant that people were not dragged or put in danger of injury by being carried by inadequate numbers of police.

 

Recommendations:

1. Victoria Police consult with bodies such as the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) to review its VPMP Police attendance at events and incidents, operational planning and operation orders in relation to all large civil disobedience protest events in order to ensure that the right to peaceful assembly and association is fully respected and not limited by police cordons and operational tactics that contain or restrict access to protests areas;

2. 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;

3. Victoria Police specifically note the role of media representatives and camera operators within its Crowd Control VPMG and for Forward Commanders to brief operational members of the requirement to ensure the safety and access of media who may be present at subsequent protest events;

4. The Victoria Police update the Use of Force and the Operational Safety and Tactics Training (OSTT) VPMG and associated OST training to specifically prohibit the use of handcuffs or other restraints in protest situations when a person is ‘passively resisting’ or ‘going limp’ and ensure that they not used in circumstances where the person is being carried;

5. Victoria Police ensure that Operation Orders contain risk assessments that acknowledge and incorporate the risk of limiting Victorian Charter rights through the open and visible deployment of police weaponry, police horses and intrusive surveillance by drone or Evidence Gathering Teams.

Policy Rules contained in the Victorian Police Manual (VPM) cited above are mandatory and provide the minimum standards that employees must apply. Non-compliance with or a departure from a Policy Rule may be subject to management or disciplinary action.

This Statement of Concern is a public document and is provided to media, Victoria Police Professional Standards Command (PSC), Independent Broad-based Anti-corruption Commission (IBAC), the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), Government ministers, Members of Parliament and other agencies upon request.

A downloadable copy of this Statement is available here (PDF).

For inquiries regarding this statement please contact: melbactivistlegal@gmail.com

About Melbourne Activist Legal Support

Melbourne Activist Legal Support (MALS) is an independent volunteer group of lawyers, human rights advocates and, law students and para-legals. MALS trains and fields Legal Observer Teams at protest events, monitors and reports on public order policing, provides training and advice to activist groups on legal support structures and develops and distributes legal resources for protest movements. MALS works in conjunction with law firms, community legal centres and a range of local, national and international human rights agencies. We stand up for civil & political rights.


Response by Victoria Police to Statement of Concern:

Received 3rd October 2019

Victoria Police functions include: preserving the peace, protecting life and property, preventing the commission of offences, detecting and apprehending offenders and helping those in need of assistance. These functions reflect the long standing role of police in our community in protecting the human rights of all people and to only limit the rights of individual people by the least restrictive means reasonably necessary in the delivery of policing services to the whole community.

The Victorian Charter of Human Rights outlines the human rights and responsibilities possessed of every person in Victoria. These include, within the context of public protest and demonstrations, the right to:

  • Recognition and equality before the law (and particularly to be treated with fairness and respect and in a non-discriminatory way)
  • Freedom of movement
  • Freedom of expression, unless this expression harms the rights and reputations of other people
  • Peaceful assembly and freedom of association
  • Be protected from having property taken, unless the law says it can be taken

The Charter also makes it clear in its preamble that “human rights come with responsibilities and must be exercised in a way that respects the human rights of others”. This principle applies equally to police in the exercise of their discretion, as much as it does to any person who may conduct themselves in a way which might affect the human rights of other people.

Victoria Police plays an important role in balancing the rights of all people in the Victorian community, and ensuring the safety and public utility of all public spaces including the Melbourne CBD.

The Melbourne CBD is the location of many protests, demonstrations and public assemblies throughout any given year, and Victoria Police recognises the importance of facilitating peaceful protests and gatherings as an important part of the democratic fabric that holds our community together.

In the context of public protest, Victoria Police officers are required to balance the rights of people to go about their lawful business without being adversely impacted by the unlawful conduct of other people. This ultimately reflects what it means to live in community.

As the Assistant Commissioner North West Metropolitan Region, I am responsible for balancing the rights of individuals to peacefully gather and protest in the Melbourne CBD alongside the rights of all other people in the CBD to go about their lawful business unhindered by the activity of others.

An important element of getting this balance right is ensuring all Victoria Police members understand their legal obligations to protect and promote the human rights of all people as protected in the Charter. I am taking this opportunity to outline how Victoria Police does this, partially in response to some public comments made by individuals who were part of a recent protest in the Melbourne CBD criticising the actions of Victoria Police, to explain to them and to the broader community why we work in the manner that we do.

It is important to recognise that all people have the right to peacefully assemble and protest under the Charter, but these rights are not unlimited and come with responsibilities too on the part of protestors. Also, my members in North West Metro have to lawfully limit the human rights of people in their roles at times, and I fully support them to do this.

Both International Human Rights Law and Victorian Law protects the right to peaceful protest, and Victoria Police recognises that this includes some protest forms that inconvenience the public utility that would otherwise be enjoyed by other people in the community. The protest on September 14 is no exception to this, and Victoria Police allowed individuals to protest on the Princes Bridge in a manner that impeded traffic, trams and pedestrians in order that protestors could convey their political messages in a peaceful way.

On September 14, my operational commanders in charge of policing this protest, having identified risks:

  • public safety
  • of breaches of the peace
  • the commission of other offences, and
  • the rights of other citizens not involved in the protest being unlawfully infringed.

They then made a lawful decision to limit the rights of protestors by dispersing protestors after the protest had been underway for some time. The commentators who have criticised this decision of police note that they had intended that the protest ‘go on until 21:00 that evening’. The operational decision of Victoria Police was that this would disproportionately impact the rights of others and the movement of traffic through the Melbourne CBD, and consequently did not allow this to occur.

To be clear, the policing tactics and response on 14 September 2019 were undertaken to achieve the following ends:

  • to protect public safety (the safety of people not involved in the protest, as well as those who were participating in the protest)
  • to prevent possible breaches of the peace and the commission of other offences, and
  • to ensure the rights of people not involved in the protest were not unlawfully infringed.

All Victorians can expect that Victoria Police will continue to apply this approach in its policing of future planned and unplanned demonstrations in the Melbourne CBD and I would hope that any human rights lawyers and human rights monitors operating in this space would likewise have regard for the rights of all people and consider that with rights come responsibilities.

I fully support my staff in their decisions in this protest, and in the exemplary work they do in policing the many protests that occur throughout the Melbourne CBD.

Assistant Commissioner Luke Cornelius APM, Northwest Metropolitan Region, Victoria Police

3/10/2019

 

 

 

 


Endnotes to SoC:

[i] ‘Melbourne: Princess Bridge Block and Dance’ Facebook event. https://www.facebook.com/events/346436272910163/

[ii] Event description and sign up form https://www.actionnetwork.org/forms/september-14-dancing-on-bridge/

[iii] https://humanrights.vgso.vic.gov.au/charter-guide/charter-rights-by-section/section-16-peaceful-assembly-and-freedom-association

[iv] Lashmankin and Others v. Russia (European Court of Human Rights, Third Section, Applications nos. 57818/09 and 14 others, 7February 2017).

[v] Maina Kiai, FOAA Online!: The Right to Freedom of Peaceful Assembly (April 2017) <http://freeassembly.net/wp-content/uploads/2017/09/FOAA-Online-The-Rightto-Freedom-of-Peaceful-Assembly.pdf&gt;, 20.

[vi] https://humanrights.vgso.vic.gov.au/charter-guide/charter-rights-by-section/section-15-freedom-expression/reasonable-limits

[vii] Police have an ill-defined ‘power’ to direct a person believed to be breaching or likely to breach the peace to leave a particular location. Breach of the peace is any disturbance of public order involving the threat of violence or harm to property.

“This power extends to directing people to move on, or to refuse them entry into an area if such direction is reasonable to prevent an anticipated breach of the peace. The Summary Offences Act provides specific powers to issue a direction to move on if the member or PSO suspects on reasonable grounds that the person is breaching the peace or likely to breach the peace endanger the safety of any other person or behave in a manner likely to cause injury.” (Victoria Police Manual VPM – Procedures and Guidelines – Breach of the Peace. January 2019)

[viii] Declaration on Human Rights Defenders <https://www.ohchr.org/en/issues/srhrdefenders/pages/declaration.aspx&gt;

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/

#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.