Thursday, November 26, 2009 

Adapting to protest and adapting to the government's position.

It's an increasingly rare thing these days for an organisation to conduct a review into itself and actually find that not everything is as good as it could be. For that alone, Denis O'Connor and Her Majesty's Inspectors of Constabulary, with their report "[A]dapting to protest", undertaken following the police riot at the G20 protests, deserve recognition. While hardly a blistering assault upon the piecemeal way in which the different forces police protests, it also doesn't pull its punches. O'Connor finds that there are no clear standards regarding the use of force for individual officers when it comes to policing protests; that there is little attention paid to the use by individual officers of batons or "distraction techniques"; that different forces have a different understanding of the "proper use" of public order police powers, as demonstrated by the climate camp protests in 2006 and 2008, and also at the G20; that some forces cannot even provide a "minimal accredited public order command structure"; that training and guidance is out of date; that there is inadequate training in law, especially human rights, and when it comes to the use of Forward Intelligence Teams; and that inappropriate use of public order powers is widespread.

Equally, O'Connor's recommendations are difficult to fault. He proposes that the police adopt a fundamental set of principles on the use of force that runs as "a golden thread" through all policing, not just that of protests, based around the minimum use; that public order policing across the board should be codified so that the use of powers, equipment and tactics is consistent; that public order training be improved, especially since individual officers are themselves legally accountable for their actions; that the Association of Chief Police Officers should have its status reviewed, especially considering its role in policy making, most notoriously of late designating legitimate protesters as "domestic extremists"; and probably most significantly, keeping communication open constantly with protesters and the public, especially with protest groups' representatives.

All this is meant, in O'Connor's mind, to ensure that the historic principle of policing by consent, as philosophised and introduced by Robert Peel, does not break down. The obvious problem with this is that while it's difficult to pin down exactly when this compact irrevocably broke when it came to the policing of protests, although the report itself notes that the clashes between the blackshirts and anti-fascists in the 30s were far more significant breakdowns in public order than many of our modern equivalents, irrevocably break down it did long ago. Policing by consent does still exist when it comes to the average bobby on the beat, but when it comes to protests, especially those that occur on the relative spur of the moment and when they concern relative matters of life and death, it's difficult for a good-natured and friendly relationship between protesters and those that are in control of them to exist, and to pretend that it can be maintained is relatively naive. Often on these occasions relative control can still be exercised, but it depends on those who are pushing their luck either being told in no uncertain terms to calm down, or on them being arrested, potentially both for their own good and to ensure that the protest as a whole doesn't embarrass both sides. For all the times when the police are rightly criticised for their actions, sometimes even protesters recognise that those amongst them are just out to cause trouble: this was the case back in January, during the protests in London against the Israeli attack on Gaza. Some of the trouble can be put down to both sides underestimating the numbers who were going to turn out, but also down to the police failure to separate those out who were determined to attack the police or property early enough. As much as protesters loathe the Forward Intelligence Teams that indiscriminately film protests for their own records, some of it is justified, if only so that the idiots can be filtered out to the benefit of both sides.

While O'Connor himself can hardly be blamed for focusing on the present, it's instructive that the policing of protests is only now considered controversial, mainly because of how the internet and modern media has ensured that the police (and indeed, the protesters themselves) can be held to account. After all, it's not as if the police have only suddenly disgraced themselves with how they treat legitimate protests; it's been going on for decades, whether you go back to the 70s marches where the National Front was often favoured against those protesting against them, to the Battle of Orgreave, the poll tax riots, the May Day protests of the 90s and early 00s, right up to the Countryside Alliance protest outside parliament during the pass of the fox hunting bill and more recent examples. It's also not just these more notorious cases, but the other, smaller marches, where outrageous police behaviour has often gone completely unnoticed by the national media. One thing O'Connor fails to address is that often it's been the very officers that are dedicated to control protests that have been amongst the very worst offenders; whether the Special Patrol Group or the modern equivalent the Territorial Support Group, these officers often seem to be selected not because of their powers of mediation, but because of their very obstinacy, quickness to use of force and general disdain for protesters of every hue. It may be that officers drafted in to control large protests aren't trained properly, and as a result of probably being as frightened and as uncertain as the protesters themselves can lash out and act defensively, but it's often those who have been specially trained that are the very worst. A special review of those in these groups and an emphasis on facilitating the right to protest would have been especially welcome as an additional recommendation.

The largest hole in O'Connor's report though has nothing to do with the police themselves; it is the influence of government itself upon the policing of protest. It's easily forgotten that this government has been one of the most ruthless at suppressing protest in living memory, that as well as banning protests within a mile of Westminster without prior permission, it attempted and almost succeeded in banning the biggest protest march in this country of all time, the Feb 15th 2003 anti-Iraq war protest, by claiming that to do so would damage the grass of Hyde Park. More recently it has connived with those being targeted by the likes of Climate Camp, directly handing over intelligence on individuals to the companies running the power stations. The support the government has given to the police, on almost every single thing they have done or been criticised over, has been total. Even Ken Livingstone, hardly a prior fan of the Met, defended Ian Blair and his force to the hilt after the execution of Jean Charles de Menezes. When you give such total, unconditional support, and shrink from criticising anything, you invite them to believe themselves unaccountable. To be fair to New Labour when it doesn't deserve it, it's not that this is new; the Tories did much the same, but not to the same extent. Every single new power which you give to the police is abused, most recently uncovered that the granting of the power of arrest for any offence has resulted in the taking of DNA profiles to continually enlarge the database, almost certainly by stealth and without any debate. Unless the government itself decides that protest as a whole is legitimate, and should be facilitated rather than something which it has to put up with, there's little hope of the police themselves introducing such an enlightened stance.

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Wednesday, April 08, 2009 

Accidental death of a non-protester.

Both Shuggy and Chris Dillow are right in pointing out that the police treatment of Ian Tomlinson was far from shocking, as some others have claimed. If anything, the officer who violently pushed him over when there was no need whatsoever to do so was taking part in some of the less dangerous action with the protesters that day. As long as Tomlinson didn't hit his head, and from the video it seems that he didn't, a push like that is only likely to result in grazed or cut knees and hands, along with the temporary shock that comes from being bundled over when you're not expecting it. The cracking of heads which other officers were engaged in all day, causes far more potential for concern. If however you have a weak heart, as it seems Tomlinson did, the sort of altercation which he was involved in with the police can quite easily lead to the complications which he seems to have subsequently suffered.

The entire slow emergence of what actually happened as opposed to the police version of events is also not shocking; rather wholly predictable, following the same pattern as that of earlier events where the police have been involved in inflicting either serious injuries or even death on completely innocent bystanders. The first obvious example is Jean Charles de Menezes, where the misinformation if not outright lies which emerged from the Metropolitan police before leaks from the Independent Police Complaints Commission inquiry established that much of their story was entirely false. Confusion and different accounts of what happened are always likely to be the order of the day to begin with, and we should expect that over time that the story will change. Once the police realise however that their original statements about what happened are inaccurate, they should be quick to correct them. This was what they completely failed to do in the case of de Menezes, hence the continuing myths that he had run from the police and had leapt the barriers, amongst others. It's hard not to conclude that half of the reason why the police fail to do this is because they know full well that first impressions and reports colour people's attitudes and are hard afterwards to shift, meaning that those who defend them will have a far easier job. They must have known full well, for instance, that they had not been showered with missiles, let alone "bricks", as the Evening Standard had it while they tended to Tomlinson; as video has subsequently showed, at most two bottles were thrown in their general direction, and the protesters quickly demanded that be stopped. Equally, some of the officers must have known full well that Tomlinson had at least been pushed, if not further assaulted before or after then as others are also alleging. Instead all we heard was that his death was "natural causes", and even up until 6pm yesterday the BBC was still denying that there was any news in his death whatsoever, treating the Guardian footage as a parochial "London" story.

Perhaps even more instructive though as to how far the police will go in denying their involvement in occasionally brutal tactics is the treatment that was meted out to Babar Ahmed when he was arrested. Medical examination showed quite clearly that he had been seriously assaulted despite putting up no resistance, but the Met completely denied any wrongdoing, right up until six years later in the High Court when the commissioner had to shamefacedly admit what had happened so that the officers themselves did not have to give evidence. Perhaps unsurprisingly, the officers involved had a cache of complaints made against them, overwhelmingly from Asian and black men, the letters of which had mysteriously gone missing. None of the officers involved appears to have been disciplined.

Nice as it would be to establish a complete pattern, it still doesn't entirely fit. For while the policing at last Wednesday's protest was almost inevitable after the police themselves and the media had repeatedly hyped up the idea there would be violence, at other demonstrations it has been a different story, possibly because of the short notice the police have had of them rather than actual tactical differences. The Gaza protests in January for example were for the most part poorly policed, as well as poorly organised, as clearly no one had expected the numbers which turned up, and the disorder which happened could have been nipped in the bud if the police had stepped in sooner to arrest the troublemakers, for which they would have had overwhelming support to do. At the continuing Tamil protests in central London, the police yesterday foolishly rushed in to confiscate flags which they claimed were emblems of the Tamil Tigers, a proscribed terrorist organisation, when they were instead the normal Tamil flag. On the Gaza protests, the flags of Hizbullah, Hamas and some even claimed al-Qaida were swung, draped over backs and flown with no such intervention from the police. The lack of consistency is striking, and it has to be assumed that the police do what they do when they can get away with it and when they can't they fall back. Tamils it seems are easier targets than potentially hot head young Muslims.

Once you have stripped everything away, the responsibility for the policing of the protests does not however fall on the heads of the cops themselves: it rests with the state, or the government, itself. The practice of kettling, of riot police attacking protesters who were either sitting down or involved in the entirely peaceful Bishopgate climate camp is not just down to the police hierarchy but to the politicians who authorise or even encourage such tactics. As Shatterface pointed out last week on Liberal Conspiracy, during the 80s the left routinely referred to the police as Thatcher's shock or storm troopers. That applies just as much today if not more so, except now they're New Labour's first line of defence. Can the casual deprivation of liberties and the right to protest, such as the continuing ban on demonstrations within a mile of parliament really be separated from the actions of the police last Wednesday and across the country over the last few years? Last Wednesday was just the most visible demonstration of the contempt for the right to protest which has continued to develop. Those watching the scenes, whether of the lone band of idiots who smashed up the RBS branch or of those bleeding from their heads after accidentally coming into contact with police batons will have only taken one message from such pictures: that registering your anger in such a way is wrong, and that if you continue to do so regardless of that fact, then you've only got yourself to blame if you're left with a few bruises. Those who might have wanted to do something similar will have been deterred by the deprivation of liberty they would have undergone, unable to leave when they wanted to, and likely to be hit if they looked as though might be about to do something that they police arbitrarily decide is verboten. For both the government and police, it's a win-win situation.

The one very weak bright spot to take from the emergence of the video showing what happened to Tomlinson is that it has fatally undermined the supposed ban on taking photographs and video of police officers. No one can now argue that such measures are necessary when without such material the truth would have never been exposed. True, it won't stop individual officers from continuing to demand that material be wiped, but such abuse of power is still likely to be given short shrift. The video should also put pay to the idea that protesters with masks are inevitably up to no good; if they are, then the police who cover their faces, as Tomlinson's attacker did, should be subject to the same scrutiny. There needs to be a full, independent inquiry before blame is apportioned, but the Met is once again looking like scoundrels and blackguards, simply because it and the government can neither tell the truth or explain their true motives.

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