Media statement: Grossly excessive policing of protesters likely infringed on human rights
11 September 2024
Melbourne Activist Legal Support (MALS) fielded a team of 20 independent legal observers to monitor the policing of protests against the Land Forces Exposition between 6.00am and 1.00pm, Wednesday 11 September 2024, at the Melbourne Convention and Exhibition Centre (MCEC) in Melbourne.
Legal observers witnessed multiple incidents of excessive use of force by police including:
- OC spray deployed at persons moving away from police lines
- Rubber bullets deployed at short-range
- Indiscriminate use of OC spray upon large crowds
- Use of tear gas, rubber bullets, and flash-bangs against idle persons including persons with hands raised and those attempting to move away from police lines
- Excessively violent arrests by PORT members
- PORT members punching people
- PORT members slamming people’s heads against walls whilst arresting them
- Riding of horses into crowds resulting in injuries.
MALS noted the chaotic behaviour of many protesters, which included in some circumstances, objects being thrown at or over police lines, yelling and abuse, the setting alight of a bin, and some physical assaults by protesters against attendees attempting to enter the MCEC. The context has been considered in each use-of-force incident noted above. Legal observers noted that in most circumstances, protestor behaviour became heightened after and in response to a coercive crowd control manoeuvre by the police or the use of police weapons.
The behaviour of individual protesters does not justify excessive force against others nor the use of force against entire crowds. The size, nature, or political context of a protest does not change the obligations upon police to act lawfully.
Incidents of excessive force documented today by legal observers may constitute unlawful assault by police.
MALS is currently examining evidence collected to determine infringements under the following international and domestic legal frameworks:
- The International Covenant of Civil and Political Rights (ICCPR)
- The Charter of Human Rights and Responsibilities Act (2006)
- The Victorian Police Manual (VPM);
- Police powers, legal rights and protections are contained in the Crimes Act (Vic), Victoria Police Act (Vic), the Summary Offences Act (Vic) and common law.
Treatment of medics and legal observers
Legal observers noted police assaulting and OC spraying medics, and obstructing them when attempting to treat injured people.
Police were observed continuing to fire directly at medics as they escorted people away from police lines with OC spray, and tear gas, and charging at them using batons and shields.
The MALS Legal Observer Team itself was subject to gross violation of its independent and internationally recognised role.
On multiple occasions, legal observers, themselves were assaulted, OC sprayed, pushed and grabbed by police.
On one occasion, three MALS legal observers were at a location to safely view injured people in police custody. The observers were grabbed by members of a PORT Evidence Gathering Team and forcibly moved away. Two of these observers were able to return to the area to document injuries and police actions.
MALS had communicated to Victoria Police senior command ahead of the event to remind them of their legal obligations when interacting with protesters and to alert them to the presence of independent legal observer teams during the week of protests.
Quotes attributable to Melbourne Activist Legal Support spokesperson
‘The policing we observed today was so grossly excessive that we struggle to comprehend any legal justification available to defend the violence, misuse of weaponry and mass injury caused by Victoria Police. The size, nature, or political context of a protest does not change Victoria Police’s obligations to act lawfully.’
‘Protesting is an essential function of a healthy democracy, and the Victorian Government must recognise that protest comes in many forms. We urge the Victorian Government to hold their police force accountable for unlawful use of force observed at the Disrupt Land Forces event.’
‘An urgent, independent investigation of today’s policing operation is required. We look forward to submitting our evidence and findings to such an investigation. The increasingly violent culture of protest policing in Victoria must be reversed.’
‘The granting of special powers to police under anti-terrorism laws has clearly been to afford them the ability to violently suppress this protest action with as many resources as they have available. We call on the Victorian Government to withdraw these additional powers immediately.’
‘The violent assaults of legal observers, as well as medics, by Victoria Police, is a serious violation of human rights as it obstructs the legal and medical rights of persons participating in the demonstration as well as the rights of those performing their duties. Legal and medical roles in the context of public demonstration are globally recognised under international law. Victoria Police are not a power unto themselves, and must not act as if they are.’
Background
MALS has been monitoring public order policing for over 13 years and with a network of solicitors, barristers and human rights advocates has extensive experience in analysing policing and human rights.
In July 2024, the United Nations Human Rights Council called upon all States ‘to pay particular attention to the safety and protection of those observing, monitoring and recording protests, including human rights defenders, lawyers, journalists and other media workers, taking into account their specific role, exposure and vulnerability.’
The legal observers present are registered volunteers with the Melbourne Activist Legal Support (MALS). Legal observers are identified by pink, high-visibility vests that are clearly printed with the words “Legal Observer” across the back and a Legal Observer identification card in the front breast pocket.
Important links:
- https://mals.au/2020/11/25/victoria-police-weapon-id-guide/
- https://mals.au/2024/01/13/oc-spray-legal-info/