News & Views

Preliminary Statement of Concern: Policing of the IMARC Protests

Melbourne Activist Legal Support (MALS) fielded a team of Legal Observers at this morning’s protest events at the International Mining and Resources Conference (IMARC) that took place at the Melbourne Convention & Exhibition Centre 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.

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 protesters are committing, at worst very minor (Summary Act) offences. These offences 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 (i.e. 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 manoeuvres 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. (i.e the offence 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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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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