NSW Police have been criticized by human rights groups and experts who allege officers used excessive force against protesters opposing Israeli President Isaac Herzog’s arrival in Sydney on Monday.
In the aftermath of the event, videos spread on social media showing NSW police officers detaining and repeatedly beating protesters, forcibly dispersing people kneeling in prayer, beating civilians lying on the ground, and assaulting and pepper-spraying protesters.
Police said scuffles broke out, with 27 people arrested and taken to police stations across Sydney, while NSW Police Assistant Commissioner Peter McKenna said police actions were “justified” and he was “very proud” of their conduct.
“I have seen the restraint of the police tonight. It took more than their time before they used any of their powers,” he said on Monday.
Some experts and public figures who spoke to SBS News said ‘kettling’ – a controversial crowd-control technique – was used, while another academic warned the term was a loaded term that was unlikely to apply to the Sydney protest.
With more protests expected this week around Herzog’s visit, questions have been raised about whether NSW has moved towards a trend of harsher treatment of protesters.
‘Militarisation’ of the police
In a statement on Wednesday, Human Rights Watch said police used “excessive force” against protesters, saying its use marked a “further erosion” of rights in Australia.
“The New South Wales authorities’ adoption and use of unnecessary restrictions on legitimate protest does not increase security, but opens the door to abuse,” said Australian researcher at Human Rights Watch Annabel Hennessy.
Asked whether he condemned police actions on Tuesday, NSW Premier Chris Minns said he refused to “throw the police under the bus” because they had been put in an “impossible situation”.
However, experts say the violence was a natural phenomenon in an increasingly militarized police force.
Piero Moraro, an expert on civil disobedience and social justice at Edith Cowan University, said that while the police response was “completely exaggerated”, it was consistent with what he saw as a trend in the policing of protest, which is “increasingly violent and less likely to negotiate”.
For Moraro, the NSW police’s actions were symptomatic of a “general, global trend” towards the militarization of the police.
“To some extent, what we saw in Sydney was an escalation of what we have seen happening over the years, both in Australia and abroad.
“The US has obviously set the trend in this, and we are following step by step,” he told SBS News.
As evidence of this, he cited the increasing use of crowd control weapons, including horses and pepper spray, which he said was “disproportionate and unjustifiable” in peaceful protests.
What is happening generally (worldwide) is that the police are being used less as a law and order measure, and more as a measure to combat the perceived enemy, which is of course the protester.
“As a result of [anti-protester changes to NSW laws]What the police did in Sydney on Monday is actually legal because the law now allows police to use this extreme force against peaceful protests, which was not the case ten years ago.”
Protest organizers Palestine Action Group launched legal action against the NSW government after Herzog’s visit was declared a major event, granting additional powers to the police and fines for non-compliance during his stay.
However, that challenge was dismissed by the NSW Supreme Court on Monday afternoon.
Protesters had previously insisted they would gather at Sydney Town Hall before marching to the NSW Parliament, while police urged them to move the event to nearby Hyde Park.
Simon Bronitt, a law professor at the University of Sydney, said police conduct in such a situation was “really challenging” and a fair assessment was difficult, especially without the wider context of the altercations that are often missing from social media videos.
“You’re dealing with a large crowd of people with different intentions. Some will be desperate to exercise their legal and constitutional rights peacefully to protest freely and peacefully. Others may have different agendas. And so policing in that context is really challenging,” he told SBS News.
“The fact that the police have the power to release people, and even arrest them, does not always mean that they should do so.”
But the sweeping protest-free laws passed by the Minns government before Herzog’s arrival did not make those same spaces “human rights-free zones,” Bronitt said.
“It can look different behind the police line or in front of it.
“But police must be held to a standard of restraint, and the use of force is the last resort, and that’s probably the most important message.”
Were kettles used against demonstrators on Monday?
Kettling is a controversial crowd tactic used by police, in which a ring of officers forms a human cordon around a group of protesters, often for hours. A small gap remains and people who try to escape from it are arrested.
Moraro said it was a counterintuitive method of calming a crowd: “You have a group of peaceful people, but you keep them cooped up there for hours, and of course the pressure increases, and then you have violence.”
Ketting has been legally challenged as a violation of civil liberties, but courts have upheld its legality.
NSW Greens MP Sue Higginson, who attended the protest and has called for an investigation, said there was “very clear” use of kettle milk.
“Ultimately, that is a police tactic that is completely incompatible with parts 14 and 15 of the Police Powers and Responsibilities Act.”
Higginson said she was concerned about the “sudden and violent” police response to a group of Muslim worshipers who were praying – Police were filmed picking up and dragging several men, disrupting their evening prayers.
“I think there’s an important question: What was the motivation for that seemingly urgent dispersal of people?” she said.
However, Bronitt questioned the use of the term kettling, saying he did not believe it was a strategy used in NSW.
“There are situations where you see the police facing a large crowd, and it is difficult to say who is circling whom. But as far as the kettling is concerned, it is difficult to say that there was systematic use of such a strategy,” he told SBS News.
When asked if bullet shooting was a tactic ever used by NSW Police, during training or in real-life situations, a spokesperson said at no time were those present forced into an area.
“During the City Hall event on Monday, police gave attendees multiple options to safely leave the area.”
“The police deployed multiple crowd management techniques during the event to ensure public safety.
“At no time were visitors forced to remain in the area and were always given the option to leave the event.”
Increased police powers
According to the major events statement, those who failed to comply with NSW Police directions on Monday faced fines, including fines of up to $5,500.
Moraro said it was highly unlikely the laws would be abolished.
“The police are now saying, ‘We made it illegal to protest in this place and people were trying to enter those places, so we had to use force.’
“But can the police make it illegal for people to protest peacefully in a public place?
“Unfortunately, that question is difficult to answer.”
Higginson said she was calling for legal charges against police involved in the unlawful attack on civilians, and called on Minns to be held accountable.
“I have no doubt that there are clear cases of excessive force and even criminal assault. There are cases where police have outright attacked members of the community,” she told SBS News.
She said the increased powers given to police under the “major event declaration” were “the cause of the violence”.
“This is a cause-and-effect situation,” she said.
Minns’ office has been contacted for comment.
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