Saturday 11 April 2009

Website up!

WEBSITE UP!
http://www.killianthearchitect.com/no2policeviolence.html

Great work from our two volunteer web designers who got a site up in under 24 hours! You can see some actions to take and we will be putting up more content as time goes on. Its early days yet so we dont have our own domain but this is only the beginning!

At the moment we are a loose collection of volunteers from all walks of life who have been united by the shocking use of violence displayed at the G20 protests. If you feel the same and want to change our policing for the better, email us!

no2policeviolence@googlemail.com

Friday 10 April 2009

Update on campaign

Hi all,

Meeting at 11am outside Bethnal Green tube, so the plan is as follows

- Distributing flyers
- Spreading the word and meeting like minded concerned people
- Monitoring the police behaviour and encouraging people to demonstrate in a non- violent manner and avoid confontation - which would be counter-productive
- Providing a basic information pack on the objectives of the group and briefing media, political groups and other pressure groups who are interested in affliliating or undertaking their own activities and support our goals

On the subject of our goals and who we are:

We are a grassroots movement of ordinary people, with views across the political spectrum who are united by one common purpose - to protest our rights and fundamental freedom.

We want to be able to express our concerns and the medium of protest when constructively done is a legitimate way for people to air their greivances. It should not be suppressed in the way it was last week in a parliamentary democracy.

OUR AIMS

- LONG TERM REFORM – Reform of police tactics deployed and the overall management of the G20 operation. New guidelines based on police role to support and facilitate peaceful protest.

- JUSTICE - Independent investigation of all alleged assaults by individual police officers.

- INVESTIGATE IAN’S DEATH - Criminal investigation into the death of bystander Ian Tomlinson and his assault by police officers on Wednesday 1st April 2009.

- KETTLING BANNED - A ban on the use of the kettling technique against non-violent protestors. Legal recognition that used against peaceful protestors, this violates article 5 and 13 of the human rights act.

Your civil liberties are under attack, stand up for them!

Legal ruling and opinion on kettling from an expert

Here i've posted from a source I contacted about G20's who was able to offer me an opinion on the police tactics and in particular the police approach of 'kettling'.

To add my laymans opinion:

For those that are unfamiliar with the term, Kettling is throwing up a police cordon and not allowing anyone within an arbitarily defined legal area to leave. In the recent G20 protests this was used against peaceful demonstrations, which did not have a reasonable chance of violence apparent to me or the many other impartial observers who have talked about it elsewhere.

Whats more, the 'Kettling' of protestors was exacerbated by the use of riot police and deliberate squeezing of the space available to protestors after the police cordon had been created. There were also acts of violence by the police, batoning and hitting with the fronts and sharp edges of shields in order to squeeze in the kettle. How can this be termed disproportionate force against peaceful protest?


The legal researcher I contacted (must remain anonymous) explained the following:

LEGAL OPINION

On the question whether the police tactics, and in particular the use of kettling, are legal - as you rightly say it is a question that has come up before, and reached the House of Lords in the case of Austin, which was decided earlier this year, and - again, as you say - is now going to Strasbourg. We have not done any susbtantive analysis of the issues raised in that case to see what we would think about them, or whether we would agree with the decision of the Lords. But in case it's of interest to you...

...I would also think that, even on the standard established in this judgment, there would be some ground for asking whether the use of kettling this week was, as Lord Hope said it had to be, "resorted to in good faith, [...] proportionate and [...] enforced for no longer than is reasonably necessary" - no doubt that will be an argument advanced by lawyers taking forward complaints from yesterday. Also worth noting the last paragraph that I pasted below - from Lord Neuberger's speech - again, I would think there is a good case to be made for saying that the cordon here was being used to punish the protestors rather than for legitimate public safety reasons.

judgment handed down today from the house of lords on Art 5 right to liberty & the actions of the police in creating cordons in public demonstrations & holding demonstrators within those cordons.

this relates to the May Day protests in oxford circus back in 2001. the situation is not exactly comparable to the Climate camp demonstrations, because the protestors in the May Day case had not given the police prior warning of the demonstration, or co-operated with the police in any way

RULING AS FOLLOWS

http://www.publications.parliament.uk/pa/ld200809/ldjudgmt/jd090128/austin-1.htm

Lord Hope: "There is no suggestion that she herself [the appellant who brought the case] was involved in any violent acts or that she had any other intention than to engage in peaceful protest. Nevertheless she willingly took the risk of violence on the part of other demonstrators with whom she chose to be present, and her own conduct was unreasonable in joining with others to obstruct the highway."

"Any steps that are taken must be resorted to in good faith and must be proportionate to the situation which has made the measures necessary. This is essential to preserve the fundamental principle that anything that is done which affects a person’s right to liberty must not be arbitrary. If these requirements are met however it will be proper to conclude that measures of crowd control that are undertaken in the interests of the community will not infringe the article 5 rights of individual members of the crowd whose freedom of movement is restricted by them."

"In my opinion measures of crowd control will fall outside the area of [Art 5's] application, so long as they are not arbitrary. This means that they must be resorted to in good faith, that they must be proportionate and that they are enforced for no longer than is reasonably necessary."

Lord Scott: "The imposition by the police of the Oxford Circus cordon on the appellant, and many others, was done for the purposes of protecting the physical safety of the demonstrators, including the appellant, and of protecting the neighbourhood properties from the violence that it was justifiably feared some of the demonstrators would perpetrate, violence that the appellant herself regarded as likely to happen. The intention of the police was to maintain the cordon only so long as was reasonably thought necessary to achieve those purposes and it is accepted by the appellant that the cordon was not maintained longer than was necessary to achieve those purposes. In the circumstances the confinement and restriction of movement that the cordon inevitably imposed on those within it did not, in my opinion, constitute an Article 5 deprivation of their liberty."

"I conclude that it is essential, in the present case, to pose the simple question: what were the police doing at Oxford Circus on 1 May 2001? What were they about? The answer is, as Lord Hope has explained in his full summary of the judge’s unchallenged findings, that they were engaged in an unusually difficult exercise in crowd control, in order to avoid personal injuries and damage to property. The senior officers conducting the operations were determined to avoid a fatality such as occurred in Red Lion Square on 15 June 1974 [see http://en.wikipedia.org/wiki/Red_Lion_Square_disorders]. The aim of the police was to disperse the crowd, and the fact that the achievement of that aim took much longer than they expected was due to circumstances beyond their control."

Lord Neuberger: "where, as happened to the appellant in this case, a person is confined in an area against her will by the police for well over six hours, in circumstances where paras (b) and (c) do not apply, the notion that there has been no infringement of article 5 seems, at least on the face of it, surprising. All the more so, given that the appellant was required to remain, in circumstances of some discomfort, in an area of some 2,000 square metres, cordoned in together with apparently some 3,000 other people, and where the confinement was in the context of the appellant exercising her undoubted right to demonstrate."

But... "The police are under a duty to keep the peace when a riot is threatened, and to take reasonable steps to prevent serious public disorder, especially if it involves violence to individuals and property. Any sensible person living in a modern democracy would reasonably expect to be confined, or at least accept that it was proper that she could be confined, within a limited space by the police, in some circumstances. Thus, if a deranged or drunk person was on the loose with a gun in a building, the police would be entitled, indeed expected, to ensure that, possibly for many hours, members of the public were confined to where they were, even if it was in a pretty small room with a number of other people. Equally, where there are groups of supporters of opposing teams at a football match, the police routinely, and obviously properly, ensure that, in order to avoid violence and mayhem, the two groups are kept apart; this often involves confining one or both of the groups within a relatively small space for a not insignificant period. Or if there is an accident on a motorway, it is common, and again proper, for the police to require drivers and passengers to remain in their stationary motor vehicles, often for more than an hour or two. In all such cases, the police would be confining individuals for their own protection and to prevent violence to people or property.

So, too, as I see it, where there is a demonstration, particularly one attended by a justified expectation of substantial disorder and violence, the police must be expected, indeed sometimes required, to take steps to ensure that such disorder and violence do not occur, or, at least, are confined to a minimum. Such steps must often involve restraining the movement of the demonstrators, and sometimes of those members of the public unintentionally caught up in the demonstration. In some instances, that must involve people being confined to a relatively small space for some time.

In such cases, it seems to me unrealistic to contend that article 5 can come into play at all, provided, and it is a very important proviso, that the actions of the police are proportionate and reasonable, and any confinement is restricted to a reasonable minimum, as to discomfort and as to time, as is necessary for the relevant purpose, namely the prevention of serious public disorder and violence. "

"anyone on the streets, particularly on a demonstration with a well-known risk of serious violence, must be taken to be consenting to the possibility of being confined by the police, if it is a reasonable and proportionate way of preventing serious public disorder and violence"

Ends

- The key bit here from the researcher on the application of this ruling to recent protests:

If it transpired, for instance, that the police had maintained the cordon, beyond the time necessary for crowd control, in order to punish, or “to teach a lesson” to, the demonstrators within the cordon, then it seems to me that very different considerations would arise. In such circumstances, I would have thought that there would have been a powerful argument for saying that the maintenance of the cordon did amount to a detention within the meaning of article 5."

Ian tomlinson officer still not questioned by IPCC, is this good enough?

Hi all,

A very quick update here but you should really read this article if you have time and think about the hypocrisy of it.

It seems to be one rule for the general public, who would face immediate arrest if admitting to an assault of this kind, another for the police officer who may have caused the death of an innocent man.

http://www.guardian.co.uk/uk/2009/apr/10/g20-assault-investigation

The death of Ian Tomlinson and importantly the police tactics as a whole need to be investigated IMMEDIATELY. Some things can't wait for the easter holidays!

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We will be assembling at Bethnal Green tube to hand out flyers informing the public about the campaign at 11am. I have been informed another group is protesting at 11.30am at Bethnal Green police station. Provided they advocate non-violence, I personally respect their right to express their disgust at the way the G20 protests were handled and at the death of an innocent man.

As a group of concerned citizens, group members of Protest for Police intimidation will calling for:

LONG TERM REFORM

This is not a campaign about one man, or one protest. We want police tactics and the overall management of future operations reviewed and reformed. New guidelines, respecting protestors fundamental human rights and based on the police role to support and facilitate peaceful protest must be installed.

INESTIGATE IAN'S DEATH
The IPPC should immediately carry forward its investigation into Ian Tomlinsons death.

KETTLING BANNED
A ban on the use of 'Kettling' a technique which arbitarily restricts freedom of movement and degrades protestors. This tactic inflames protestors and does more to incite violence than stop it. It should be banned from use against peaceful protestors

JUSTICE AND ACCOUNTABILITY
There were many other assaults and disproprotionate use of force was the norm across the G20 protests. Individual complaints against officers should be investigated and punishment upheld



BUT REMEMBER...
The Police still have a job to do - fighting crime on our behalf. As a group of human beings they should not be vilified for the acts of their commanding offers, political masters and aggressive individual officers. Despite the horror stories not all police officers are guilty of violence and treating them all as 'the enemy' is counter productive and will not acheive any of the aims which will benefit all of us.

If you really care about changing our system to protect your rights, I hope you will remember to rise above violence and abuse.


Please keep an eye on the blog, we will be launching a full website over the weekend.

http://planethackney.blogspot.com/

Ways to take action are summarised there from previous messages.

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ONE EASY ACTION FOR YOU!

If you've not done anything yet, just to make you feel suitable guilty its 1.40 am and I'm writing this having come back from the pub ;-) thats right I do have a life outside of this group! I hope you feel suitably guilty (joking)

As I've said before, you can make my life a lot easier by inviting your friends! (click link just below picture at top right of group) so I don't have to spend ages posting the links to people to raise awareness!

Make sure you send them a quick message to explain what your sending.

Wednesday 8 April 2009

another update on Police violence, campaign grows!

Hi all, thanks for staying with the group and respect to all those who are doing their own individual work on this issue. Update on news and actions you can take below. As I write this the group passed 1000 members. More importantly, the police officer shown here hitting Ian Tomlinson has come forward

NEWS
IPCC CAVES TO PRESSURE AND TAKES ON INVESTIGATION
David Howarth, an MP and barrister assisting some of the protestors assaulted at the G20 demonstrations has called for a criminal investigation and removal of the city police from the investigation due to their involvement in the organisation of the G20 demonstrations and likely bias. The IPCC today removed them from the investigation and will be conducting a full independent investigation.

OFFICER INVOLVED IN TOMLINSONS DEATH COMES FORWARD
No news yet on his identity (likely to be concealed I would imagine whilst investigations go on)

TAKE ACTION – 8th April

WRITE TO YOUR MP OVER IAN’S DEATH!
http://steflewandowski.com/2009/04/a-letter-to-my-mp-about-ian-tomlinson/
A standard letter you could use as the basis to write to your MP about Ian Tomlinson. If you were at the demo and have your own accounts here that will really add weight but you could also add weight to this groups objective of stopping all disproportionate violence as follows.
You could write about your disgust for such tactics, cite article 5 of the human rights act and article 13, which relate to right to protection from cruel and degrading treatment and rights freedom of movement.
You could mention the ‘systematic abuse of power by the Metropolitan police at the G20 demos’ and ‘A disproportionate and dangerous use of force on numerous occasions, leading to the tragic death of an innocent man’

DEMONSTRATE AND SPREAD THE WORD!
There is a rally in in solidarity with Ian Tomlinson at 11.30am on Saturday starting at Bethnal green police station. It is not associated directly with this group but I believe the organisers hope to keep it non-violent. Protest against police intimidation will be calling for justice and an end to the deployment of over-excessive force and the tactics of 'kettling' protesters in.
Volunteers from this group will be joining the demo to distribute leaflets and help spread the word to the general public about the campaign.

SIGN THE PETITION REMINDER
A reminder to sign this to petition the Prime Minister to disallow the use of kettles, batons and other aggressive police tactics at entirely peaceful protests:http://petitions.number10.gov.uk/climatecampg20/

CAMPAIGN DEVELOPMENT
'We are not the only group working on this topic but we are in the process of instigating the following
- We are aiming to launch a website in the next couple of days
- We are building a campaigns team and activist base
- We are building links with Journalists and sympathetic parliamentarians, MEPs and LGA members. If you work for one of these individuals please PM me.
- If you are interested in helping in any way at all pm me or email me on no2policeviolence@googlemail.co.uk Please list any marketing, campaigns, activism, art/design or any other skills you can employ.

Tuesday 7 April 2009

Hi all,

So according to the guardian, it now seems the man who tragically died at the Bank of England protest was allegedly hit and pushed to the ground by a group of policeman before staggering off and suffering a heart attack.Originally I set up the group from the perspective of climate camp. However, it is clear that in a number of instances of disproportionate force have been used throughout the policing of the G20 event have occured. ANY violent, disproportionate behaviour by police against peaceful protestors should not be tolerated, so I have included other incidents you may not have heard about below.News - Death at bank of EnglandMan who died at G20 protest was assaulted by police before he collapsed according to witness statements published in the guardian here: #http://www.guardian.co.uk/world/2009/apr/06/g20-ian-tomlinson-police-assault

Video of Ambulance arriving here shows many protestors try to help the man by moving out of the way, again conflicting with police reports of protestors ‘pelting police with bottles’ as they tried to help.http://www.youtube.com/watch?v=6f0S6PPLI8Q (thanks Jonny) The original statement from the police made no mention of the man being hit and knocked to the floor, so did the policeman involve try to cover the incident up? Whatever the case the police PR department certainly played a role in spinning the G20 protests in a very different light to how they actually transpired and many mainstream media outlets bought it hook line and sinker.- Climate camp protestHere is an extract of an account from one of the victims of the assault, posted on the group page....”My girlfriend was pressure pointed on the neck (extremely painful), dragged off me and had her wrists bent behind her back by two policemen who threatened to break them. They dragged her outside the police cordon and then said "what should we do with her now?" before the other said "let's throw her back in", which they did - head first, with her hands behind her back. She landed on the floor and has now got severe bruising on her legs and very painful wrists (which we actually thought might be broken). During this I was punched full in the face my one of the policemen. I was on the floor and absolutely no threat, but he still punched me. I was grabbed and pushed towards the crowd as a group of policemen descended on me, smashing me in the head with the sides of their shields. The whole time I had my hands in the air and did not fight back at all, but that didn’t stop them...”I think it speaks for itself really...

- Taser deployment being investigatedTasers deployed against protestors in police raid on the Thursday morning after the Climate Camp and Bank of England Protests. I have received video footage of the taser incident, although the video is hard to make out as the person with the camera was trying to hide it to avoid it being confiscated, you can make out the taser at the start and at 24 seconds into the video.The group arrested appear to by lying down offering themselves up for arrest when police burst in and point tasers at them. The legal guidance I have been sent on drawing tasers is as follows:

"The person in question also has to a serious threat to safety and capable of serious violence and harm. He has to be demonstrating that level of threat at the time of the Taser incident."

Having seen the video it seems unlikely any of the group were offering any threat of violence.


Action:WHAT YOU CAN DO- Petition against kettlingBecca linked a petition created at number 10 downing street calling for the tactic of Kettling to be banned for use in instances of peaceful protest. I’ve just signed please spare a moment to do the same.- Another group to support!Kettle the Met – very imaginative and light hearted way of getting the message across to the Metropolitan police – send them your old kettle! (preferably with a message to recycle not to use as a weapon to belabour innocent protestors with...http://www.facebook.com/group.php?sid=278c4ce9cde8bbc3809126a179cec22d&gid=82210837463&ref=search-

And of course keep spreading the word! The more people who hear the better, if you’ve read this far your obviously interested so forward the group link onto 10 friends... Link to Protest against police intimidation here:http://www.facebook.com/group.php?gid=60467068334#/group.php?gid=60467068334

If there is enough interest I will be looking into whether we can stage some form of demo and/or mass lobby of parliament. Would be great to get other groups involved. I'm very open to ideas so feel free to msg me although may take me a little while to respond.

Updates pt 1: My personal position on how to approach overall police violence at G20

Just to clarify my personal opinion on the subject.

The key thing for me is that the use of kettling is particularly inappropriate in peaceful protests. For me there is more of a grey area around protests where there is a significant violent element and the organisers of the protest are uncooperative with the police or deliberately do not inform them (i.e football hooligans, etc) so changing the law with regards to kettling as a whole would be a big ask in my opinion and also very difficult given the law lords ruling on kettling at the 2001 may day protests.

Although there were reports of violence at the Bank of England protest, I am sympathetic there as I think the vast majority were peaceful and the police meted out collective punishement via kettling.I also aim to keep political aims and objectives out of this group as its a very diverse bunch, had people ranging from Labour/Lib Dems to anarchists messaging me.

By focusing on kettling (and the wider issue of proptionality i message out to people about) I hope to maintain legitimacy for this group and make it appealing to mainstream public opinion and the MP's and Journalists I'm already working with.Going back to the protest I will try and get some flyers done I think and re-employ my desktop publishing skills!