EVENT REPORT: 66 Records Label Launch, Collingwood

Published: 4 September 2018

Available for download here (PDF)

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

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

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

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

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

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

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

 

Direct Observations

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

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

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

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

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

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

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

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

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

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

Observers remained on site until approximately 4.00am.

Commentary

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

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

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

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

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

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

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

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

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

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

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

 

 

 

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

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

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

 

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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

Our Activist Lawyers Network is launched!

A report on the launch of the Activist Lawyers Network

Lawyers network launched

Melbourne Activist Legal Support (MALS) launched our lawyers network with Amnesty International-Victoria on the 30th May 2017.

We heard from several lawyers with combined decades of experience in supporting activists and progressive causes – Matt Wilson (MALS) Rob Stary from Stary Norton Helphan, Meghan Fitzgerald from Fitzroy Legal Service and Danya Black from Environmental Justice Australia.

Rob Stary is well known in Melbourne for providing pro bono representation for activists, but also for working with people who have little resource and need support – his work for the people who other lawyers won’t touch is written about more in this recent article.

He shared a strong perspective on the trends of policing that we have seen in the last decade – describing them as “effectively a paramilitary force”.

One recently introduced piece of legislation was highlighted, the charge of “resisting emergency services workers” which now comes with a mandatory 6 month imprisonment… like so many laws, may have been purportedly designed for one purpose – in this case, a need to protect the important work that emergency workers do, but could be used against activists. He advised lawyers who may be briefing activists to be careful about how they talk about “resisting arrest” charges.

He also talked about patterns of police intelligence gathering. Many groups suspected of terrorism, no matter how tenuous the links, are infiltrated, and of course we all know that even peaceful activist groups are regularly surveilled and infiltrated. They will position themselves as just wanting “a friendly chat” and that they are concerned about them (you are the good guys, we are concerned about the bad guys) which will on

One case study that Stary referenced was the introduction of laws around “supporting directly or indirectly” terrorism. There was a deliberate attempt in 2007 to disrupt the funding of the Tamil Tigers in Sri Lanka… being that “one persons terrorist is another’s freedom fighter” this can be problematic and a number of organisations who work with oppressed minorities in other countries have found themselves targeted with little option for recourse.

In this instance the Sri Lankan diaspora worldwide was supporting humanitarian efforts, and because Australia has no Bill of Rights it was targeted as the best country to stop the flow of resources. People were threatened with supporting a terrorist organisation, even as they sent money to aid and hospitals, and 100 warrants were issued for members of Tamil community. Many houses were raided. 40 000 innocent civilians were slaughtered in 2009. Stary believes that the efforts to send aid were important in providing healthcare and aid during this time.

And finally he reminded us that due to funding cuts to the community legal sector that you can only get legal aid if there is a realistic prospect of imprisonment. In short, we need pro bono legal support for progressive activists now, more than ever

Meghan Fitzgerald has a long history of providing legal support for progressive causes – working with Fitzroy Legal Service, who publish the brilliant activist rights website. She spoke about some successes and some losses – this has included important legal work such as advocating for the right of freedom of speech and assembly after the evictions of Occupy Melbourne – a case that was badly lost, she wryly commented, “lost it brutally, but fought it valiantly”… noting more broadly in an analysis we agree with, that whilst many painted Occupy as a failure, that worldwide it served to shift the discourse on economic justice, as well as provide important training and learning opportunities, and a new sense of community, for a generation of activists, “If it was a failure I was happy to participate in it,” she said.

Another important campaigns was a case in support of halting the East West Link construction. They legally argued the government was acting as a corporation, and called them on failing accountability to the community.

And one of the most inspiring groups she said she was worked with were the homeless community, through the Homeless Persons Union and their supporters, at the Bendigo St stockade – a six month long occupation of houses in Collingwood – the campaign involved communication, legal education, and supporting the discourse around urgent need for more public housing – with 30 000 people on a waiting list currently.

She also talked about how allies are conscientiously exercising their privilege to support and ensure voice is given to the people impacted by the issue. (And also noted that groups like RISE – refugees with lived experiences were important to support)

She also noted the long hours of work involved and the slow process of gained community trust, needing to work to consensus models and the unusual situation of being instructed by a collective, but noted it was the most rewarding work she had done saying, “supporting people who act in civil disobedience should be core duty for lawyers.”

Danya Jacobs has been a long time forest activist, and now a lawyer representing forest activists, and environmental causes – she has participated in substantive environmental law work.

She stated, “protest and civil disobedience has a long and proud history in protecting australia’s environment,” and noted an increasing level of sophistication from grassroots activists groups, such as (our fellow FOE affiliate) GECO who are using an effective mix of on ground direct action, in the form of citizen science, with protest and public advocacy.

This has come about (and been used successfully around the country in other campaigns we have supported such as Broome’s campaign to stop a gas hub, and their community science whale watching program) from a long history of grassroots activist’s DIY approach – they have educated themselves on the issues – it’s not about deferring that work to experts and government.

They have fundraised for the tools and now bring more people to understand and know the issue by community science camps, fauna surveys and using tools such as remote sensor cameras. This can then be combined with important legal work, such as the Brown Mountain case and others – as lawyers can use this data for legal challenges.

She has worked to support activists facing criminal charges for simply trespassing to survey the areas that Forestry Victoria haven’t, as well as people who use nonviolent direct action as a last stand to protect forest areas whilst other legal and political processes are in train, noting that it is an ongoing challenge to keep up with the laws that governments keep introducing to further criminalise this work.

Overall, it was an excellent informative evening, and it was brilliant to see 20 lawyers there, interested in becoming involved in supporting human rights, and environmental and social justice issues by providing pro bono support.

If you are a lawyer with a practicising certificate in Victoria, you can sign up to the lawyers network here. MALS will be providing training and support to lawyers to understand the needs of activists, and Amnesty International is coordinating the work. You can read about some of the roles lawyers can play in the network here.

If you are a lawyer interstate, check in with us at CounterAct – we often have a need for legal collaborators around the country.

If you are interested in getting involved with MALS we need volunteers – you don’t need to be a lawyer – we provide legal observers to events, “Know your rights” education sessions, and more.

With thanks to Amnesty International- Victoria, the Federation of Community Legal Centres, and all the MALS crew.

Nicola Paris,

Counteract

CounterAct supports and works with MALS and has found our work increasingly overlapping in recent years.


 

Roles of the Activist Lawyers Network

Solicitors can play a vital role in protecting the civil, political and human rights of activists seeking positive change. They can help demystify the law and legal processes, provide concrete information and help activists make informed choices about protest action. Importantly, lawyers can reassure people engaged in civil disobedience by their presence, support and advocacy before, during and after a protest action.

Melbourne Activist Legal Support (MALS) and Amnesty International (AI) Victoria are launching a specialist Activist Lawyers Network who are willing to act pro-bono for progressive activists and activist groups.

Roles of the Activist Lawyers Network

The network’s core roles and functions will include:

(Journal photo by Ron Agnir)
Kate Savidan of the ACLU of West Virginia, holds up a pamphlet with legal information and phone numbers for legal counseling at a training session on Wednesday in Shepherdstown.1) Training and Advice for activist groups

MALS often receives requests for legal advice and legal briefings on topics such as police powers, protest rights and common charges to expect. Sometimes this is of a generic nature but often the legal advice needed is specific to a particular type of action or location. Often activist groups will want to know what the legal consequences of an action may be whilst they are at the planning stage. These legal briefings will generally be weeks or days before an action event or as part of a pre-arranged activist training session.

They could be an hour or two long and involve answering questions such as “what will happen to me if I am arrested?”

Related image

Lawyers at Kennedy Airport during the Muslim ban protests. Credit Victor J. Blue

2) Legal Briefings at protests

Solicitors can also be called upon to provide a legal briefing at an actual protest or just before it starts. This is usually a much quicker briefing for people who are just about to engage in some sort of protest action. Usually at this point the action is already planned and people might require some up-to-date legal information about what charges they might expect or what police could do, such as their search powers in a particular area. It will be usually be outdoors and quick.

3) Legal Observer Teams

Solicitors can act as legal observers but you can be called as a witness so you would not be able to represent activists later. But being on the ground with a team of legal observers is a very valuable role. Solicitors can work with the Legal Observers to discuss police tactics, move-on or arrests, assist with police liaison on behalf of the Legal Observer Team or people who have been arrested.

4) On Call Legal advice

For large actions we sometime run a mobile phone legal advice line that activists can call if they have a legal question or if they are arrested. It would involve lawyers being On-Call and being prepared to provide specific phone advice to people who may be in or just released from police custody. It may involve advising people about their rights in custody, to silence, fingerprints and searches as well as bail and bail conditions. It could involve being on an on-call roster with other solicitors.

4) In custody support

Solicitors can also be valuable protests involving mass arrests, to provide on-site legal advice to activists in police custody. This can involve going to the police station, requesting access to those in custody and providing initial legal advice in person. It can also involve advocacy around their treatment in custody, onerous bail conditions or release times. The presence of solicitors at police stations can be a strong protection against mistreatment.

Image result for ACLU legal training

5) Assisting with complaints about police

Activists often need assistance in making formal complaints about police misconduct. This can involve taking statements, collecting evidence including CCTV footage and assisting the activist lodge the complaint with police, IBAC or Victorian Equal Opportunity & Human Rights Commission. Complaints about police use of force can be important to challenge police human rights abuses and help maintain civil and political rights. Torts can arise and referrals to law firms or the Police Accountability Project are important.

6) Representation in court

Lawyers who can take on activists as clients can assist them prepare for court, advise around pleas and possible defenses and provide actual representation in court. Sometimes activists will face charges in a group at the same court and test cases can be arranged.   Solicitors need to be prepared for some activists not to plead guilty but instead seek to use their court appearance to further advance the campaign. Activists may want to attempt creative defenses or legal arguments and many will want to speak for themselves in court and to media before and after.

Increasingly, activists are seeing the court appearance as part of the campaign and lawyers can help devise effective court strategies to do this.

7) Advocacy & Law Reform

From time to time MALS provides submissions, organises forums or advocacy campaigns against particular anti-protest laws or repressive police powers. We may do this in concert or alone but the assistance of solicitors is invaluable in developing and drafting powerful submissions for the protection of civil and political rights.

REQUIREMENTS:

Lawyers will need to have an up-to date practicing certificate for the State of Victoria and will need to be covered by the Professional Indemnity Insurance through their current employer or practice.

ABOUT Melbourne Activist Legal Support

Melbourne Activist Legal Support (MALS) supports activists to defend their own civil and political rights though the provision of training, resources and up to date information regarding the rights to protest at law in the State of Victoria.

MALS can provide legal direct legal support at major demonstrations, monitoring police engagement with protesters through the deployment of legal observer teams if an when capacity allows.

We can provide legal information or training and help coordinate legal support in conjunction with law firms and community legal centres.

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).

 

STATEMENT OF CONCERN: Treatment of Legal Observer 11/2/2017

‘Block the Bill’ rally 11 February 2017, Melbourne, Australia

 

On Saturday the 11th of February 2017 Melbourne Activist Legal Support (MALS) fielded a team of three (3) trained Legal Observers at the ‘Block the Bill’ rally that took place on Swanston Street, near the intersection with Latrobe Street, at the State Library Victoria in Melbourne’s Central Business District.

Legal Observers monitored the actions of Victoria Police and recorded evidence throughout the 3 hour event. The following area of concern was recorded at 15:06.

Areas of concern:

Legal Observers noted that three police members acted in an intimidating manner toward a Legal Observer and obscured their uniform name badges in contravention of Victoria Police regulations. The Legal Observer had approached the members to take down their name and unit details from their visible name badges. The police members surrounded the Legal Observer and questioned the content of the Legal Observers notes. One police member moved to within 15-20 centimeters of the Legal Observer and attempted to read what she was writing on her clipboard. The Legal Observer asked for their names, but all three declined. One (1) of the police members then removed his name badge from his uniform while another clutched his collar of his vest as to obscure his name badge.
MALS expressed concern of the intimidating treatment toward a Legal Observer to the officer in charge (OIC) Senior Sergeant John Mason, at the event.

MALS notes that all Victoria Police 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)

MALS also notes that Victoria police are obligated under the Victorian Charter of Human Rights and Responsibility (the Charter) to protect the freedom of peaceful assembly and efforts to maintain a space where the public can attend the ‘Block the Bill’ rally.

We also remind the public and Victoria Police that civilian Legal Observers are human right defenders and under the United Nations Declaration of Human Rights Defenders, Legal Observers have a right to fulfill their role unhindered and without obstruction. www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Declaration.aspx

Contact email: melbactivistlegal@gmail.com

www.melbourneactivistlegalsupport.org

Lawful or Unlawful?

“I support your right to protest, as long as you don’t break the law…”

“I support your right to protest, as long as you don’t break the law”. How many times have you heard this statement from police, from politicians, from passers by, or even friends and family?

legal-illegalA Victorian Premier, when questioned about protesters picketing a company building said that while he respected the right of people to protest peacefully, “they have no right to break the law.”[1]

“The Government supports peoples’ right to protest lawfully. These amendments will preserve that right, so long as the protest activities do not put anyone’s safety at risk or break the law” states another government media release a few years back.

This supposed support for the right to protest, as long as it is “lawful”, assumes a great number of things. It assumes that in Australia we have ample and sufficient political space for us to protest. However, the criminal law throughout Australia encompasses a huge range of offenses that can be and are used against activists if the police or the government of the day choose. How much political space we actually have depends on a complex range of factors.

It also assumes a level of legal clarity that simply does not exist. When it comes to public protests or political actions, what is lawful and unlawful is often very confusing and is always changing as new laws are introduced and old laws re-applied or changed. Police will often use a legal construct called ‘Breach of the Peace‘ as the reason to arrest, to move-on or use force against protesters – yet that legal term is extraordinarily vague and open almost entirely to the police member’s interpretation and ‘reasonable belief’.

Image result for student protest arrest melbourneAlthough lawyers can provide advice about what the current law says and what charges are possible, the way in which police and government apply and use the law is always changing and hard to pin down.

Police have a fair degree of discretion about how they apply a particular law, what arrest power they use and what charges to lay at a particular time. They decide whether they arrest or charge at all. Police may simply stand by when activists chalk on the road during one protest, or they may arrest people at a different protest for doing exactly the same thing.

Seemingly innocuous activities such as honking your horn as you drive past a picket or weaving ribbon through a wire fence have been interpreted as offenses in Australia. Mostly they are ignored – but police could charge you with a traffic offense if they choose to.

When activists camp on public land at or near the site of a protest, local council powers may be used by police even when no issue of trespass arises. Decades old and archaic council by-laws can be revived for an anti-protest purpose. Activists handing out leaflets in Melbourne were once fined using a by-law that hadn’t been enforced since the 1960s.[2]

When existing laws are not adequate to restrict activists or stifle our ability to protest, a new law can be created, sometimes specifically to deal with a particular protest.

The famous Aboriginal Tent Embassy in Canberra is a classic example of this. On 26th January 1972, when four Aboriginal men, Michael Anderson, Billy Craigie, Bertie Williams and Tony Coorey, set up the Aboriginal Tent Embassy in Canberra overnight it was lawful to camp on the lawns opposite the then Parliament House.

However, after the Embassy had grown in size and had become a powerful international symbol of Aboriginal land rights, the government made a minor amendment to the Trespass on Commonwealth Lands Ordinance in a midnight sitting which banned camping on unleased Commonwealth land within Canberra. Suddenly, the Tent Embassy was unlawful.

On July 20, just hours after the new law came into effect, police moved in forcibly evicting the tents and arresting activists.

People who say that they support protest as long as it doesn’t break the law’, are also saying that they believe  activist do not really need to break the law in order to be effective. Well, history says otherwise.

Sometimes breaking the law is the whole point

Civil disobedience is the deliberate and conscious refusal to obey, or violation of, a law believed to be unjust.

The deliberate violation of laws has played a crucial part in Australian political history. The Aboriginal land rights and civil rights movement, union struggles for wages and the eight hour day, women’s campaigns for the vote, and the modern peace, social justice and environmental movements have all been effective. Hundreds of people have been arrested in large civil disobedience actions throughout Australia at many protests against US bases, uranium mines, asylum seeker detention centres and blockades of old growth logging operations.

A famous and influential theorist of civil disobedience in the western world was Henry David Thoreau.  Thoreau’s essay, On the Duty of Civil Disobedience (1849), influenced Gandhi, Martin Luther King, and countless other activists.

He said,

“It is not desirable to cultivate a respect for the law, so much for the right Law never made men a whit more just; and by means of their respect for it, even the well-disposed are daily made the agents of injustice. . . the demands of conscience are higher than the demands of the law.”

The argument that the demands of conscience are higher than the demands of the law is central to all civil disobedience.

To break or not to break the law…

Although some activists may knowingly break laws, or engage in deliberate civil disobedience, not all activists deliberately seek to break the law.

Those who do so often consider and weigh up the costs and consequences of unlawful action carefully and make clear choices.

Even activists who go to great lengths to stay within the law can inadvertently break laws and find themselves arrested. Laws can be used against activists in order to control or stifle protest and dissent even when there is no intention by activists to break the law.

It is not the case that activists are criminals. It is more often the case of the legal system working to criminalise activists.

So why is this important?

This so called distinction, between ‘lawful’ and ‘unlawful’ forms of protest is an artificial and deliberate one.

The distinction is used politically to restrict protest action to what is perceived to be less threatening; protest that is easier to police and contain.

The distinction is also used in an attempt to divide  protest movements into those engaged in ‘lawful’ protests from those who may used ‘unlawful’ forms of protest of resistance – a divisive tactic aimed at deterring more conservative groups or members of the public from working with groups involved with civil disobedience.

The ‘lawful / unlawful’ distinction attempts to generate an arbitrary boundary around forms of protest available to the movement – a boundary that at all times should remain within the control of the movement itself.

Anthony Kelly

Anthony is a member of Melbourne Activist Legal Support and the organiser of multiple Legal and Human Rights Observer teams since the World Economic Forum protests in 2001.

This article originally appeared in an earlier form on activistrights.org.au, published by the Fitzroy Legal Service. These views are his own. 

[1] ‘Police union calls for East West Link protesters to be charged’ by Matt Johnston, Herald Sun, 6 November 2013.

[2] ‘Mounted Police attached peaceful Nike picket’, by James Grafti, Green Left Weekly, 9 May 2001