Legal Observer Report: Disproportionate police response & use of OC spray at protest in solidarity with Palestine @ the University of Queensland
20 May 2024
Action Ready has serious concerns about the disproportionate police response to protestors on campus at the University of Queensland who are standing in solidarity with Palestine. At a recent rally, Queensland Police Service responded by deploying disproportionate numbers of police who used excessive and unreasonable force, including OC (Oleoresin Capsicum) spray.
Large numbers of police in attendance.
On 20 May 2024, two legal observers attended a rally on campus at the University of Queensland from 2pm. A group of protestors marched from the solidarity encampment to another building on campus where two people were on the roof with a banner, stating: “UQ funded by genocide”. Throughout the course of the action, there was between 30 and 50 protestors.
At about 3:20pm, five police officers attended and conferred with campus security personnel. At about 3:40pm, one police officer and one campus security official made their way on to the roof and the two protestors signalled that they would voluntarily come down.
By 4pm, at least 20 police officers had arrived, at that time being roughly one police officer for every 2 protestors. This was an unnecessary and intimidatory show of force against a group who were exercising their right to peaceful assembly in circumstances where the direct action had voluntarily ended.
Legal observers noted the group of police appeared to be disorganised and unclear about their instructions - which was exacerbated by the high volume of police in attendance. At times, officers formed lines blocking the movement of the protest toward certain areas while other groups of police officers pushed protestors toward the same area. Individual police officers escalated their response without warning. With so many police present, and the ability to form passive lines, any use of force was entirely unjustified.
Police presence at University of Queensland
Use of OC spray
Screenshot from video taken on 20 May 2024 showing police officer directing OC spray at protestors.
A group of approximately 10 police officers encircled the two protestors who had been on the roof and escorted them through the protest group, pushing people out of the way, asking people to move or using their sheer numbers to clear a way through. While the protestors were yelling at police officers, at no time did anyone present as a physical threat. In video footage we have seen, an officer at the back of the group, pulls out a can of OC spray and fumbles with it before aiming a spray directly at the face of a protestor who at that stage was well away from police. The protestor presented no physical threat to the police or anyone else, and the bulk of the police had already walked past without incident. Another officer appears to be trying to prevent the assault by holding her arm out in front of her colleague.
OC Spray, sometimes called pepper spray or capsicum spray, is a chemical weapon that causes significant pain to exposed skin, tissue and membranes for anywhere from 45 minutes to 24 hours. When misused, it can cause serious injuries and even death, especially when directed at a person’s face.
Chapter 14 of the QPS’ Operational Procedures Manual specifically indicates that OC spray is for use against violent persons, and should not be used as a crowd control measure or against anyone who is passively resisting. Officers are supposed to first warn the person, and should take steps to ensure the health and wellbeing of anyone affected by OC spray.
The footage is utterly clear - the use of OC spray in the circumstances was indefensible and risked causing serious injury. In the circumstances, the conduct may constitute assault and a an unreasonable limitation on the right to protection from torture and cruel, inhuman or degrading treatment, freedom of thought, conscience and belief and right to peaceful assembly.
In the past five years, at events in Queensland attended by Action Ready’s legal observers we have never witnessed police use OC spray against protestors, although it has been available to QPS officers since 2000 and is often used against people experiencing mental distress. The use of OC spray against a person who presented no immediate, serious threat to the safety of any other person should be utterly condemned.
Unnecessary use of force causing injury
Legal Observers witnessed police, in line formation, pushing protestors backwards at a time when the majority of people had made their way on to the footpaths and were continuing to make their way off the road. A couple of officers were physically pushing protestors backwards toward the curb, which posed a significant trip hazard. One witness describes: “The cop was telling us to back up. We were walking backwards as he pushed us back. We asked him not to touch us and told him that touching us was assault and we were complying by walking backwards. Then he put his hand on a protestor’s chest and pushing him backwards, causing him to lose his balance.” Legal Observers describe: the protestor involved fell backwards, landed heavily, hitting his head on the concrete, and tumbling over the top of his head, which appeared to place significant strain on his head and neck. The protestor involved required medical attention.
In the circumstances, the use of any kind of force was unjustified and placed protestors at serious risk of injury for seemingly no legitimate reason. The decision to deploy huge numbers of police, some of whom exercised unreasonable force against protestors, limited the rights of everyone involved in the protest.
Large numbers of unorganised police caused confusion.