News & Views

Statement of Concern: Treatment of Legal Observer, 11th February 2017

‘Block the Bill’ Rally, 11th 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.

Areas of Concern

At 15:06, 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.1

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.2

Melbourne Activist Legal Support (MALS)

is an independent volunteer group of lawyers, human rights advocates, law students, and para-legals. MALS trains and fields Legal Observer Teams at protest events, monitors and reports on policing at activist events, provides training and advice to activist groups on legal support structures, and develops and distributes legal resources for positive social 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.
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Footnotes

  1. Victoria Police Manual, Uniform and Appearance Standards.
  2. Declaration on Human Rights Defenders, The Office of the High Commissioner for Human Rights (UN Human Rights).