Prepared by The Midnight Special Law Collective (U.S). Slightly adapted for
U.K.
Legal observers watch and record the actions of all law enforcement officers.
The presence of legal observers helps keep people safe by discouraging police
attacks. Also, the information you collect can be useful in criminal defense
of protesters or in suing police or other government agencies. The information
in this guide is geared for legal observing at demonstrations, but it is also
important to watch police outside of protest situations. Whenever you see police
making an arrest or acting inappropriately, stop and take notes. The police
are at demonstrations to observe and deter actions of the protesters. As a legal
observer, you are there to observe and deter the police. Even though protesters
are usually more interesting to watch, make sure you are paying attention to
the police at all times. Also, be careful to represent yourself to the police
and media as an observer, not as a spokesperson for other activists.Work in
pairs to corroborate each other's testimony and to keep each other safe. If
one person is using a still camera or video camera, their partner should be
taking written notes. And since people using cameras often get "tunnel
vision," their partner should be keeping an eye out for danger or activity.
Preparation
Knowing what type of demonstration you will be observing (mass permitted
rally, small direct action, etc.) will help you prepare yourself appropriately.
If you are unfamiliar with the area where you'll be observing, spend some time
learning key street names and landmarks as well as orienting yourself by compass
directions. Also, make sure you have any phone numbers you'll need handy: organizers
of the protest, Legal Observer Coordinator, legal team, legal support person,
medical team, etc.
Practice
Television culture makes people very passive observers. To hone your active
observation skills, practice by taking notes or making a running commentary
of everyday events. You can improve your ability to estimate distances by marking
off increments on the pavement and memorising them, or by estimating distances
and checking them with a tape measure.
Equipment:
· Notebook(s)
· Pens (waterproof ink - it could rain)
· Watch
· Legal Observer Hat/T-shirt/Armband
· Extra water
· Optional
o Tape recorder (& extra tapes)
o Still camera (& extra film)
o Video camera (& extra film)
o Mobile phone, radio, or pager
o Extra batteries for all!
At large demonstrations, it is good to have a mobile phone, radio, or pager
so you can quickly communicate when someone gets arrested, to verify/debunk
rumours, etc. If you don't have one, try to team up with someone who does. If
there is a Legal Observer Coordinator, make sure s/he has your number.
If you are using a tape recorder or video camera, by law (in some places) you
must give people notice that you are recording them. However, you don't have
to announce it - having the device in plain view is notice enough. Having a
tape recorder and especially a video camera makes you noticeable to the police.
In order to keep your notes, tapes, and film safe from the elements and from
overzealous police, you can periodically mail them to yourself or to the legal
team, or have a runner who can take sensitive footage (or your whole camera)
and run away with it.
Taking Notes
It sounds easy, but taking real-time notes when events are unfolding quickly
is a skill that takes some practice.
The information you collect could mean the difference between conviction and
dropped charges for activists. The easiest way to make your notes useful for
the legal team is to transfer them to a police misconduct report or copy them
in an organised, legible format. Do this as soon as possible after the action,
before your memory fades.
Number and date each page you take notes on and write "Privileged and Confidential" on top of each sheet. Do this before the demonstration. By each entry, write the exact time. If you are taking pictures, write the roll number and shot number by the entry to give it context.
Some things to note:
· Name, rank, badge number, agency, and description of each officer present
and the commanding officer (note if officers refuse to give this information)
· Police equipment and weapons (body armor, shields, etc.)
· Which weapons police used and how (e.g. batons, horses used to run
into people, etc.)
· License plate of police or emergency vehicles or of any private cars
moving through the demonstration
· Police actions and demeanour (e.g. marching around rhythmically thumping
their leg armor with their batons, putting on or taking off gas masks etc.)
· Detailed description of arrests and anything the police do that seems
messed up
· Any force used by police - pushing, shoving, blocking protestors with
their bodies, grabbing arms, tripping, striking people, etc.
· Any inappropriate language, including swear words, identity-based insults
(racist/sexist/homophobic, etc.), and rude language ("You idiots,"
"Moron," etc.)
· Not warning people to disperse before arresting them, refusing to let
them disperse, etc.
· Warnings not audible and/or intelligible
· Exact date, time and location
o Include street names, address's, landmarks, what side of the street you're
on, etc.
· Name or nickname and affinity group of victim(s)
· Names and contact information of any witnesses, including members of
the media (corporate or independent)
· Routes taken by demonstrators and police
· If the police are blocking traffic - with their vehicles, hand motions,
etc.
· If bystanders are taking leaflets, talking with protestors, etc
· Statements made by police and civil officials.
Effective Camera Work
Much of this information was provided by Whispered Media. Visit them at
www.videoactivism.org.
Camera and Battery Care
Turning your video camera off and removing the battery will keep your batteries
going a lot longer than having the camera on standby or turned off with the
battery still attached.
Carry lens paper and clean your lens frequently.
Date/Time Stamping
Make sure to keep your video camera's date/time stamping function on at all
times. Before you begin recording, check to make sure the date and time are
correct. If you are visiting from another time zone, set the camera's clock
to local time. If you are using an audio tape or a video camera without date/time
stamping, narrate the information at the beginning and end of each segment:
"It's now 9:30am on August 14th, 2000 . . ."
Lead Time
The tape at the very beginning and end of your cassette will have more imperfections
and sound/color irregularities. Allow one minute to run at the beginning of
a new tape before you start recording. If you are near the end of your tape,
and you like what you are recording, insert a new tape.
Frame and Establish
Before (or after) shooting each event, pan in (or out) from street signs, building
addresses or other landmarks to prove your location. Shoot long (10 or more
seconds) shots for important scenes.
Consider shooting from better vantage points, such as from a second-story window.
Audio
Even in the absence of a decent shot, the audio portion of your video tape may
provide evidence needed to win a case. Don't stop your video just because you
can't see well enough.
Labelling
Label your tape cassettes or film cartridges while you're in the field. Include
your name, date, time and location. Number each tape consecutively.
Keeping Footage Safe
People with video cameras are often targeted by police for arrest or abuse -
often they want to destroy the footage you took. If you are going to be in high-risk
situations, you may want to bring self-addressed stamped padded envelopes with
you so that you can drop completed tapes in the mail to yourself (or the legal
team).
Content
When documenting police brutality, remember that the lawyers representing the
State will be able to use all the footage on your video tape in court. So, if
you are shooting footage of police misconduct, replace your tape when you are
finished filming the scene. Don't film anything on the tape that might take
away from the incident your are documenting. For example, if footage of police
beating someone is on the same tape as footage of protesters doing something
that could be considered aggressive, the police can claim they were using a
reasonable amount of force considering the dangerous environment. If you can
help it, NEVER film protesters doing things that seem illegal or dangerous.
Also, announce to activists that you have a camera and would like to start taping
and ask if it's okay. Don't take it personally if people are suspicious or hostile.
index - organisation - attack - survival + freedom - other