Right-wing observers do exactly what their name describes. They are neutral observers. ACLU legal observers are trained volunteers who act as witnesses to police activities during demonstrations, marches, and other public demonstrations, including incidents of police misconduct or violations of protesters` rights. Observers should strive to defend freedom of expression in the most objective way possible. This obligation ensures that their documentation of public protests can be effectively used as evidence when police misconduct violates the constitutional rights of protesters and must be challenged in court. The presence of legal observers at a demonstration can also deter illegal or inappropriate police actions against protesters. The purpose of the observers is to monitor, record and report illegal or inappropriate police behaviour. Right-wing observers do not actively participate in demonstrations, protests and other events in which they participate, and do not actively engage with law enforcement during observation. This independence from the protests themselves makes observers more credible and can also protect them from arrest or the use of force by police against protesters who take photos without consent. There is no obligation for protesters to cooperate with police photography. Police cannot use force to have someone photographed, nor can they demand that protesters be lined up to be filmed or photographed, and right-wing observers should pay attention to this. The National Lawyers Guild is the primary resource for preparing legal observers. NLG`s website offers a wealth of information on the subject, as well as a comprehensive training manual for legal observers that explains the roles and responsibilities of legal observers, as well as recommendations for setting up a team of legal observers for your next event.
One of the best ways to help the Wisconsin ACLU defend the First Amendment in Wisconsin is to become a trained volunteer legal observer. Some right-wing observers may also provide assistance to detainees and wait outside police stations to pick up those released. If you`ve ever participated in a protest, you`ve probably seen legal observers. You`ll usually see them in high-visibility vests and take notes about what`s going on. However, many people don`t necessarily know how important this role is or what current threats legal observers see. Legal observers have no special legal status and rarely receive special treatment, but their role is recognized by the UN Human Rights Committee, their presence is considered part of the human right to peaceful assembly and they ensure that the right to protest is respected, as protected by Articles 10 and 11 of the European Convention on Human Rights. Get a name. If possible, ask the arrested person for their name, as this allows you to track what happened to them. Sometimes people don`t want to give their name to the police, and legal observers should respect that and not push for a name if they don`t want to name it. Sometimes it is possible to get a name of friends of the arrested person. Right-wing observers do not participate as activists and are considered independent of protesters. They do not hold signs or banners, sing, carry stickers, argue with the police, or interfere with arrests.
You`ll also be discouraged from talking to reporters or tweeting/broadcasting live events. The police are generally aware of the role of right-wing observers, which is why right-wing observers can have a deterrent effect against police misconduct. They also serve as essential support to protesters, as the information they collect is shared with the legal department and can be used in court. Please contact liberty@aclu-wi.org and give us as much time as possible. The observers are volunteers and we need time to contact them in order to set up a team. We will not be able to provide observers for all events. Legal compliance is an exciting way to play an important role in any demonstration or protest. However, this task also involves a great responsibility. Legal observers are mainly law students, lawyers, or other members of the legal community, as these people are usually familiar with the laws and can detect violations in legal terms. However, anyone can be an effective legal observer with proper training. If you are interested in legal observation, you must first take legal observer training. However, the police may try to get you to negotiate on behalf of the protesters.
This is NOT the role of a legal observer. It is important that you are not seen as a „mediator“ of the police, as you could easily lose the trust of the protesters. If the police ask you to take messages or negotiate with protesters, politely refuse and tell them that as a legal observer, you should not be considered directly involved in the events. Legal observers are usually, but not exclusively, law students, lawyers and lawyers® who may or may not be locally licensed. Legal observers are trained and led by guild lawyers®, who have often established legal relationships with militant organizations or are in a legal battle against police tactics during political protests. Contact the Independent Legal Observer Network if your group is planning an action that may require legal observers. Try to inform as much as possible, preferably at least two weeks. The main task of the legal observer® is to be the eyes and ears of the legal team – to observe and record incidents and activities of law enforcement authorities in relation to protesters. Often, legal compliance requires a surprising amount of concentration and energy.
Be prepared for this and if you feel exhausted physically or mentally, try to be relieved. It`s a stressful and responsible role. Never do this if you have drunk alcohol. No matter how experienced you are, you will always miss something, so don`t get over it after that. Everyone feels nervous and probably unprepared the first time – you learn a lot „at work“, but it can be extremely rewarding. Don`t worry if you feel you need more knowledge, you`ll get it back over time, and we hope this briefing will give you most of what you need. Right-wing observers are also not in contact with the police. They can sometimes talk to the police to get information, such as plans to free people from a kettle, or reasons for an arrest and search (although the police may give misleading or false answers), but they do not pass messages between the police and activists. Right-wing observers usually pay attention to certain police behaviors. These include the formation of lines and cauldrons by the police, the use of police evidence-gathering or surveillance teams, photography without consent, the abuse of police powers to collect data (which most often happens during stop-and-search operations or when you leave a kettle), stopping and searching, using metal barriers or barriers to control crowds, use of force (including the use of force horses or dogs), batons, shields or other instruments of power. If the police cannot justify the use of force, they are illegal) and arrest teams/snappers. The use of horses or dogs to control crowds should be closely monitored by right-wing observers, as should the use of batons, shields and other instruments of violence.
Police often push and push people during protests. The police must be able to justify the use of force – if they cannot, the use of force is illegal. Right-wing observers should also look for cases where police insist on obtaining the name and address of the wanted person, either by threat or by taking the name of an object discovered during the search, such as a bank card. The presence of a police video or fixed camera should also be noted. As legal observers, volunteers can commit to being among others who are defenders of freedom of expression, but who are not expected to attend all gatherings – volunteers choose the protests they want to watch neutrally and can choose not to volunteer at the protests they wish to attend. To find out when the next legal observer training is scheduled, contact legalobserver@aclu-wi.org. The legality of police recording: Police video recording is one of the most powerful tools to protect protesters. While police may claim that you must have your consent to record them on video, the Oregon District Court suggests that video recording by police officers during a First Amendment protest is protected because the protests are matters of public interest. Legal observers should look for cases where police appear to focus their stop and search activities on a particular ethnic or social group. Police encouragement and disregard for fundamental rights are not in order, and Liberty Lawyers has already announced that they will take legal action against the Metropolitan Police for illegally arresting legal observers. If the crime law is passed, it is likely that journalists and right-wing observers will face more police intimidation in the future.
