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some forces cannot even provide a "minimal accredited public order command structure"; that training and guidance is out of date; that there is inadequate training in law, especially human rights, and when it comes to the use of Forward Intelligence Teams; and that inappropriate use of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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Wednesday, April 01, 2009 

Just give me a black mask.


Two images sum up the G20 protests: the first superb one from HarpyMarx, and the other flashing all over the place showing the photographers lining up to snap the guy smashing the window of the handy local RBS building. Class them as hope and cynicism, if you like.

For the media got their riot, if you can call what was instead more of a skirmish along with the rather counter-productive looting of a bank a riot. The police and media warned for nigh on two weeks that the protests were potentially going to be extremely violent or very violent, with black flag brandishing anarchists from abroad coming to smash up our British streets. There was violence no doubt, but most of it was the police cracking the heads of crusties and assorted malcontents rather than the great unwashed stringing up bankers from the lampposts. Just as there are those on these protests that go along intent on causing trouble, there are some police officers who also live for these marches; most no doubt loathe them and wish that they were doing some proper police work like filling in paperwork back at the station, but there is a distinct minority who are overjoyed at the prospect of whacking jumped-up hippies and others whom they intensely loathe. It's not a new thing: it's been going on for decades, whether during the miner's strike, the poll tax protests or even the more recent pro-hunting demonstration where some officers showed that when it comes to protests, it doesn't seem to matter what the actual issue is, it's a wonderful opportunity to get your baton out and swing it through the air satisfyingly.

The media of course also adore it. Hence we have the by no means hysterical Daily Mail claiming that the City had been ransacked and that hordes of anti-capitalists were rampaging, when they were instead being mostly held against their will by the police who were intent on photographing and identifying everyone. As soon as around 20 protesters succeeded in smashing up RBS, all of whom had their collars felt, they'd got their story and started to lose interest, which was helpful, considering the Guardian reports which suggest that the police themselves then started some mini-riots of their own, attacking a sit-down protest and then sending fully-fledged riot police into the entirely peaceful, almost tranquil Climate Camp which was a world away from what was happening at Threadneedle street.

If I hadn't had work and then long ago had tickets reserved for the Young Knives tonight (who were as tight as could have been anticipated, even if they didn't play Counters), I might have gone, mainly to observe and perhaps shout the odd silly slogan. That seems to be what the vast majority were out to do, and also have fun at the same time as putting a message across; you can argue about the coherence of the message being sent, and also the quality of it, but both are always going to compromised when so many disparate groups and individuals join together. Fundamentally, demonstrations are for sending these messages; putting "messages" into law, as both main parties in this country are intent on doing, is not so laudable.

The Daily (Maybe) has easily the best round-up of all the reporting and bloggage, so I won't bother doing that, except to point you in the direction of a few that he's missed, such as Craig Murray, Laurie Penny, The Green Room, Derek Wall, the inimitable Daily Quail, Justin's more than humourous tweets and Abu Muqawama on how to properly use a baton.

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Friday, March 09, 2007 

Scum-watch: The Scum fights cyber abuse!

THE Sun today became the first newspaper in the UK to officially join the fight to protect the country's internet surfers and help combat abusive images of children found in cyberspace.

It follows the launch of our fantastic MySun community service where readers can publish their own stories and pictures as well as having their say on the big news of the day.


And just what sort of pictures are readers being encouraged to post on the fantastic MySun community service?

PAGE 3 idol might be long gone but wannabe models are still posting sexy snaps on The Sun website.

Dozens have been showing off their hottest pics in blogs on our discussions section MySun.

Thousands of fellas log on every day to see the latest shots and chat about them.

Over on MyScum itself, 3 of the 4 popular blogs are of women in various stages of undress. The top discussion is "CCTV mother changes epilepsy story" (she hasn't), the first post of which is an all-caps diatribe against council estate scum, while the third story down is "Confessions of real desperate housewives".

The Sun might be against cyber abuse, but it certainly isn't against mental or self abuse.

Elsewhere, today's Scum leader predictably attacks the "PC-inspired witch-hunt" against PC Mulhall:

Footage of Ms Comer wrestled to the ground lasts just a few seconds.

Moments earlier she’d left a nightclub drunk and vandalised cars.

When PC Anthony Mulhall arrived, she resisted arrest and attacked him.

Err, she resisted arrest, but attacking him is a bit strong. Attacking someone is launching into them, which she did not.

He wasn’t to know if Ms Comer had a knife or anything worse.

But she didn't, and one would expect that if she had a weapon of some sort she would have produced it before he tried to arrest her, no? Please keep up Rebekah.

Punching the top of her flailing arm so she could be handcuffed, was perfectly reasonable.

Those quick to criticise the police have never faced the terror of confronting and detaining a violent drunk in the middle of the night.

PC Mulhall’s job is to protect the public. By detaining Ms Comer safely and quickly he was doing his duty to the best of his ability.

She suffered no injuries and needed no medical attention as a result of the arrest.

Comer was hardly the atypical burly drunk whom the police usually have to subdue on Saturday night. As for suffering no injuries, today's Grauniad shows at least one gash on her back. Notice that there's no reference to the fact that Comer may have suffered an epileptic fit anywhere in this leader.

How depressing a copper has been taken off front-line duty and put in charge of paperclips because of a few inconclusive seconds of video.

South Yorkshire Police should not bow to a PC-inspired witch-hunt which has rushed to judgment and played the race card.

Police Constable Mulhall should be put back where he belongs.

On the beat protecting the public.

The Sun obviously hasn't bothered actually reviewing the whole of the Guardian tape. It lasts a lot longer than a few seconds.

As I wrote yesterday, my own feelings are mixed, and Mulhall probably doesn't deserve having this being blown up into a national news story, but the IPCC should still investigate. Mulhall will most likely be completely exonerated, and be able to put all of this behind him. Sometimes "PC-inspired witch-hunts", if they start a national debate help show what is and what is not acceptable. If it leads to better police training, that can only be a good thing.

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Thursday, March 08, 2007 

Taking on all Comers?

It's difficult to know on the surface just entirely what to make of the CCTV footage of Toni Comer apparently being punched five times by a police officer, with a boot being placed against her throat while three other men hold her down.

We have to keep in mind that Comer, after being ejected from a nightclub for being what the police would describe as drunk and disorderly, took it upon herself to damage the bouncer's car. What's more, she was quite clearly resisting arrest, and endangered both herself and the police officer by the way she was acting on the metal staircase. Whether she was responsible for the two of them falling down the lower section is unclear, but she certainly wasn't helping.

What certainly isn't clear is whether Comer was continuing to resist arrest when the punches were thrown. We also don't know where she was hit; it could have been the arm, in line with police procedure for those on the ground who are continuing to resist arrest and who can't be handcuffed, or it could have been her face. The fact that this has only come to light nearly 9 months on from the incident means that the bruising and cuts resulting from the arrest have long healed, making getting to the truth far more difficult that it could and perhaps should have been.


There are other things we have to consider. Anthony Mulhall, the officer in question, in his statement seems to make clear that there were considerable gaps between the blows he delivered. This is contradicted by the video, which shows Mulhall striking her five times in very quick succession. He admits to using brute force and striking her as hard as he physically could. Comer herself believes that she suffered an epileptic fit: Mulhall admits that he saw her foaming at the mouth, and that she was spitting at him, which is consistent with someone having a fit. It would also explain how she was spasming, and seemingly, resisting arrest. The question is whether Mulhall simply thought that she was continuing to resist arrest, which appears on the surface to be the case.

As Lenin points out
, when someone is having a fit, it's a bad idea to punch them and restrict their breathing, as placing a boot against their throat would. Whether the officer should have recognised that she was having a fit rather than resisting may turn out to be the defining point of the investigation that the IPCC has now announced.

I have very mixed feelings about the whole thing. From my own experience, and that of my friends and family, the police are certainly not always above reproach. The method of handcuffing someone with their arms behind their back can be incredibly painful on its own. My brother, who was minding his own business in his car late one night, found two police officers shining a light in, who then demanded to search the car. On finding a miniscule amount of cannabis, they proceeded to kick his shins (leaving bruises that took weeks to heal), later excusing their behaviour by saying he was resisting arrest, when all he was doing was complaining about the fact that they'd be better spending their time on real criminals than on someone alone who just happened to have a tiny amount of a Class C drug in their possession.

On the surface, it appears that Comer has at the least been roughly treated, and that the officers should perhaps have recognised that she was having a fit rather than continuing to resist. Beneath that however, you can't help but have sympathy for officers who are spending their own weekend having to deal with idiots who get drunk and then can't control themselves. Mulhall's statement does appear to be at odds with the footage, but he seems also to have been following standard police procedure, whether Comer was nine stone or otherwise. It appears that he may well have made a mistake, but it's worth remembering exactly what these officers do sometimes have to put up with, facing leering pissheads making comments and having to break them apart when they start fighting. Even though she was struck five times, no lasting damage has been done to Comer. Indeed, she can't remember what happened, and was only made aware of what exactly did occur when she herself saw the tape.

Then there's the Guardian's leader on the tape, which for an unfathomable reason brings Rodney King into the equation. There is no suggestion that racism was in any way responsible for the treatment dealt out to Comer, and I much suspect that anyone else who had been resisting in the same way would have experienced the same reaction from the officers. The beating which Comer took was also far removed from that meted out to King. The other sentiments in the leader are decent, suggesting that what happened needs to be investigated, and it now will be.

I estimate however that Mulhall will at most be given a talking to, or a warning, which is probably all the incident really merited. The police do probably need better training to recognise the symptoms of someone suffering from a fit, and that will also now hopefully happen. Whether all of this would have been better settled within the force itself, without the need for Mulhall's actions to be splashed all over the TV and papers is a question worth asking, but it's also worth wondering whether without said coverage if any good would have come out of an incident that all involved would most likely just want to forget.

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