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by ABC news

Legal experts say a Melbourne Magistrate’s dismissal of a Victoria Police case against protesters could influence future disputes.

Sixteen people were arrested and charged after clashing with police during a pro-Palestinian rally outside an Israeli-owned chocolate shop in Melbourne last July.

A Magistrate ruled the protesters were exercising their human rights and said their demonstration was lawful.

Magistrate Simon Garnett also found the protesters did not threaten the peace or disrupt the public order.

He also criticised the police response in some arrests, describing it as ‘heavy-handed’.

Lawyer Rob Stary represented the protesters.

He says the case against his clients was doomed to fail.

“If they (his clients) oppose the occupation of the Gaza Strip or the West Bank they should be entitled to say so,” he said.

We don’t live in a totalitarian regime, this is not Syria or Iraq or Egypt.

Lawyer Rob Stary

 

Mr Stary says he expects the case to set a precedent, including on picket lines.

“I think it’s got very very wide ramifications,” he said.

“I think firstly police should not get involved in political protests, or industrial disputes of this nature, that they shouldn’t be criminalised.

“We live in a democratic robust society, and people should be entitled to express their views.”

Mr Stary says people should be allowed to exercise their right of freedom of speech.

“We don’t live in a totalitarian regime, this is not Syria or Iraq or Egypt,” he said.

“This is Australia where we should be able to engage in robust debate about important issues.”

Protester Vashti Kenway said the decision was a victory for freedom of speech.

“We feel particularly pleased that this result has been made because it leads on to affect other questions, such as Occupy Melbourne.

“It’s a victory for our capacity to protest in places where corporations have previously said they controlled,” she said.

“It’s also useful for us to know that the QV management have no right to say we are not allowed to express our political opinions within that space.”

The protesters demonstrated at the Max Brenner chocolate store in Melbourne’s QV in July last year.

Protesters targeted the Lonsdale Street store claiming the franchise had aided the Israeli Army.

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Expose about two pro-Palestine activists facing court on June 28, 2012 in Perth, Australia.

Miranda Wood and Alex Bainbridge were charged with trespass for singing modified Christmas carols in December 2011. They face a two day trial beginning 28 June 2012.

Find out why Friends of Palestine boycott Seacret:
http://www.fopwa.org/2011/03/information-about-seacret-why-boycott/

Friends of Palestine WA: http://www.fopwa.org

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By Jeff Sparrow: 9 September 2011  

This article was first published on the ABC’s Drum website

As Michael Brull noted here a few weeks ago, the anti-Max Brenner protesters have been widely denounced as Nazis.

Paul Howes, Michael Danby, Andrew Bolt, Gerard Henderson: have all joined in a very public campaign that draws a line between the Brenner protests and Fascist anti-semitism.

It’s certainly true that, throughout Australia, fascists are increasingly taking an interest in the Max Brenner rallies. But here’s the thing: they’re not supporting the protests.

They’re supporting the stores.

The newest face of what’s euphemistically-called the ‘nationalist community’ is an outfit called the Australian Protectionist Party. The APP was formed by Mark Wilson, a former organiser of the fascist British National Party, who emigrated to Australia in the 1980s. One of the APP’s most active members is Nicholas Hunter-Folkes. He was formerly the administrator of a charming Facebook group called ‘F**k off, we’re full’. More recently, however, he launched a new Facebook event entitled ‘Protest Against the Mad Marxists’: essentially, a counter-rally in support of the Sydney Max Brenner shop.

“The hardline left, radical Muslim and student groups have been campaigning for the closure of any business with links to Israel,” he explains, “[…] The left totally ignore the aggression and agenda of the Islamists in the Middle East and also in Australia.”

Another prominent APP leader is Darrin Hodges, a long-time racist activist. Joe Hildebrand once identified Hodges as the semi-anonymous poster on the Nazi Stormfront site explaining that: “I’m more interested in the purer form of fascism… and while I don’t subscribe to the whole ‘worship Hitler’ thing, his comments on multiculturalism and politics in general are still just as relevant today as they were 70-odd years ago.”

Not so long ago, Hodges distinguished himself on the ABC’s Q&A show complaining about Camden being invaded by Muslims.

On Stormfront, the poster identified by Hildebrand as Hodges argued that Hitler’s writings “still have much relevance …” Now, Hodges too, has created a Facebook event urging protests in support of Max Brenner counter protests.

Hodges’s page is in the name of the Australian Defence League. The ADL is another far-right grouplet that, like the APP, draws its inspiration from Britain. Over there, the English Defence League, a group with well-documented fascist connections, has become notorious for sending shaven-headed boot boys into areas with large Muslim populations, while, a few days ago, photos leaked of EDL members posing, military-style, with all kinds of weapons.

In Melbourne, the ADL has tried holding EDL-style marches but fortunately without much success.

Now, it has also made support for Max Brenner a priority.

The blogger calling himself ‘Slack Bastard’, an indefatigable chronicler of the antics of fascist grouplets, notes that other supporters of the Brenner counter-rallies include the Australian Patriots Defence Movement and members of the Southern Cross Soldiers.

Why does any of this matter? Australia’s fascists are tiny and ineffective. Yes, they have sent people to the Brenner rallies in Brisbane and Sydney but they’re incapable of mobilising serious numbers.

Yet their proclamations of support for the chocolatier represents a broader realignment of the far-right, one that’s taking place all over the world.

Take the British National Party, the parent group inspiring the Australian Protectionist Party.

Its head, Nick Griffin, is a long-time fascist, who calls the Holocaust “the hoax of the century” and has named two of the pigs on his farm ‘Anne and Frank’. Yet the BNP under his leadership has positioned itself as one of Israel’s staunchest supporters.

As Ruth Smeed of the Board of Deputies of British Jews says: “The BNP website is now one of the most Zionist on the web – it goes further than any of the mainstream parties in its support of Israel.”

Why? Griffin explains that the real opportunity for his party comes from attacking Muslims. “We should,” he says, “be positioning ourselves to take advantage for our own political ends of the growing wave of public hostility to Islam currently being whipped up by the mass media.”

Hence, in 2009, Griffin could boast that the BNP was the only political party to unequivocally support Israel’s war “against the terrorists” in Gaza.

For the same reason, the EDL now boasts of its ‘Jewish Division’ and marches carrying Israeli flags.

On the European continent, where the far right is a serious force, the fascists have made similar calculations.

In France, for instance, the Front National has gone through a generational change, with Jean-Marie Le Pen making way for his daughter, Marine Le Pen. He was an old-school anti-Semite and Holocaust denier; she tells the Israeli newspaper Haaretz that her organisation has “always been Zionistic”, as she orients her group to a wave of French Islamophobia.

There are plenty of other examples. It’s been widely noted, for instance, that, in his manifesto, Anders Behring Breivik called for support for Israel against Islam.

“So let us fight together with Israel,” he wrote, “with our Zionist brothers against all anti-Zionists, against all cultural Marxists/multiculturalists.”

What’s more, the Israeli Right seems increasingly willing to reciprocate. Der Spiegel has documented a growing trend where leaders of the Islamophobic far-Right, even those with anti-Semitic backgrounds, have been embraced by senior representatives of the Likud and Yisrael Beitenu parties.

What does all this mean for Australia?

In part, it goes to the extraordinary hypocrisy in our politics. Those Greens who, in Marrickville and elsewhere, supported a non-violent boycott directed at Israeli policies were been widely condemned as bigots. Yet, over the last days, we’ve learned that Cory Bernardi has invited to Australia Geert Wilders, a man whom Bernardi calls “charming, charismatic and politically astute”. Now, the anti-Max Brenner protesters have explained again and again and again that their campaign relates not to Brenner’s ethnicity or religious identification but to his store’s political support for the Golani and Givati brigades of the IDF.

By contrast, Wilders denounces Islam as a group, making sweeping statements about how all Muslims behave and think, in the traditional manner of racist demagogues.

Will Bernardi, as Wilders’s facilitator, now be subjected to the kind of sustained vilification that was directed at the Marrickville councillors?

But there’s another point. Obviously, the rise of an Islamophobic fascism is bad news for Muslims. But what does it mean for Jews?

Yes, many of the leaders of the new far right might support Israel. But that doesn’t mean they like Jews.

Here’s Nick Griffin again: “Adopting an ‘Islamophobic’ position that appeals to large numbers of ordinary people – including un-nudged journalists – is going to produce on average much better media coverage than siding with Iran and banging on about ‘Jewish power’, which is guaranteed to raise hackles of virtually every single journalist in the Western world.”

In other words, he still believes in ‘Jewish power’ (indeed, he wrote a whole book about how Jews controlled the media). He just thinks that, for tactical purposes, it’s best not to bang on about it right now.

The right in Israel might have its own reasons for welcoming fundamentalist Christian Zionists and German racial populists and the rest of the crackpot crew who have decided that they can surf the Islamophobic wave into respectability. But it’s a hop, skip and a jump from the tropes of the new Islamophobic bigotry to those of old-style anti-Semitism, and what’s good for Israel might very well have disastrous consequences elsewhere.

Jeff Sparrow is the editor of Overland literary journal and the author of Killing: Misadventures in Violence. On Twitter, he is @Jeff_Sparrow.

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Friends of Palestine WA organised a speakout in support of the “free speech and a free Palestine” on Friday 12 August. The next major action for Palestinian human rights in Perth is the rally and “rogues tour” on September 17 beginning in the Murray Street Mall at 1pm.

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On Tuesday, 9 August, 4 pro-Palestine activists were arrested in the early hours of the morning.   The activists were arrested for breaking un-democratic bail conditions imposed on them after Victorian Police violently attacked a non-violent peaceful BDS protest and arrested 19 non-violent peaceful demonstrators on July 1.  Initially, the anti-democratic bail conditions imposed on 11 of the 19 peaceful, non-violent activists prevent them from entering  two major shopping centres, including one which has a major train station and medical centres.  On July 27 their bail was varied to prohibited them from going within 50 meters of the two Max Brenner stores in the two city centres.

On July 29, more than 350 people attended the biggest pro-BDS action in Australia to stand in solidarity with the Palestinian struggle and to impose the anti-democratic attack and arrests of Palestine solidarity activists.  After hearing a range of speakers from the trade unions and community groups, the peaceful protestors marched through the streets of Melbourne.  Two peaceful non-violent sit-ins were held outside of two Max Brenner stores – one in Melbourne Central and one in the QV Centre.   The four activists  were arrested more than 10 days after the peaceful demonstration for allegedly participating in the non-violent peaceful sit-ins in violation of their bail conditions.

Police persecute Palestine solidarity activists to defend Israeli Apartheid

The Victorian Police and courts went to outrageous lengths to criminalise solidarity activism with Palestine today. For the crime of attending a peaceful demonstration against Max Brenner chocolate store and their support for Apartheid, four activists were snatched from their homes in the early hours of the day, locked in a holding cell, and made to pay a combined total of $16,000 in surety to be allowed to leave.

 
The four activists were part of the Max Brenner 19, peaceful demonstrators who were savagely attacked by police at a demonstration on the 1st of July. Some weeks after the protest the magistrates court imposed anti-democratic bail conditions on 11 of this 19. Which explicitly denied their right to assembly by prohibiting them on the threat of months of imprisonment from protesting against Max Brenner. This attempt to intimidate the Palestine solidarity campaign in Melbourne, has taken place in the context of a hysterical campaign by Zionist organisations, the Victorian Premier Ted Bailieu, and the Victorian Police, to silence protest calling for Boycotts, Divestments, and Sanctions against Apartheid Israel.

 
Today the courts and the police went out of their way to try to punish these four activists by any means possible, when none have been convicted of any crime. Indeed, no crime has been committed except to attend pro-Palestine demonstrations. The four activists were denied their right to phone calls when placed in remand, in an attempt to isolate and demoralise them. It was over 7 hours after their arrest that they were allowed to speak to their lawyers.

 
Once they were brought before a magistrate for a bail hearing, excessively punitive conditions were placed on their liberty for their alleged offenses. The magistrate chose the harshest possible conditions for bail. For the explicit purpose of preventing them from protesting at or even near Max Brenner. Three were made to pay $2,000 in surety each to be granted bail. One was singled out for far harsher conditions on the basis that she has been a public spokesperson at these demonstrations. For the crime of speaking their mind, they were made to pay $2,000 in surety plus another $8,000 the following week. A sum of money that is many times the maximum sentence for her alleged offense.

 
Once all four were granted bail on these conditions, they were further punished by deliberately delaying their release. Friends of the detainees have been made to wait over 5 hours to pay the surety for their release. Despite people being present at 5pm to pay for their release, it was 9:30pm before a single detainee was let out. At the time of writing this report only 2 had been released.
It appears that in the eyes of the courts, protesting in solidarity with the Palestinians struggle for freedom is a heinous crime, while Max Brenner’s support for genocide and occupation is not.

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MEDIA RELEASE      Tuesday 9 August
 
BAILLIEU GOVERNMENT ESCALATES ATTACKS ON CIVIL LIBERTIES
 
Dawn raids see pro-Palestine activists arrested
Police demand activists be held in custody for weeks

 
Raids carried out at dawn this morning by police have seen several pro-Palestine activists arrested, in the most severe crack-down on civil liberties in decades. The activists are being targeted because of their involvement in protests against chocolate shop Max Brenner, a chain store with strong ties to the Israeli military. The protests are part of the worldwide Boycott Divestment and Sanctions campaign, which aims to draw attention to the ongoing genocide committed by the Apartheid regime in Israel against Palestinians.
 
Campaign organiser Omar Hassan:
 
“This crack-down on the right to protest should be of concern to all Victorians. The lengths to which the Baillieu government is going to eradicate criticism of Israeli Apartheid and criminalise dissent are unprecedented. We need to be clearly saying; demonstrating is not a crime. Taking action in support of Palestine is not a crime.”
 
The activists were arrested for breaching bail conditions imposed following arrests at a previous pro-Palestine protest at Max Brenner. The bail conditions, which prohibit arrestees going within 50 metres of a Max Brenner shop, are themselves a serious curtailment on the right to protest.  The arrestees have been told they will be held until September the 5th.

 
As Hassan points out:
 
“Actions taken against South African businesses by anti-Apartheid protests were important in generating opposition to that racist regime. To outlaw similar actions today can only be motivated by a desire to protect the reputation of Israel, and represent an unacceptable attack on our right to express dissent and show solidarity with oppressed people around the world.”
 
http://boycottisrael19.wordpress.com/

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Stand up for Palestinian human rights!

Stand up for civil rights in Victoria!

Oppose the criminalisation of protests in support of Palestine!

On 1 July 2011, the Victorian police viciously attacked a peaceful pro-Palestine demonstration in Melbourne’s CBD. In one of the largest political arrests in a decade, 19 non-violent protesters were arrested during a Boycott, Divestment and Sanctions (BDS) action against Israeli-owned Max Brenner store. The chocolateria in the Queen Victoria Centre is owned by the Israeli conglomerate ‘Strauss group’; a company that provides “care rations” for the Israeli military, including the Golani and the Givati brigades – two of the key Israeli military brigades involved in Israel’s brutal assault on Gaza in December 2008/January 2009, which killed more than 1300 Palestinians, the majority of whom were civilian, including over 300 children.

The peaceful picket was ‘kettled’ by police before leading activists were individually targeted in an unprovoked attack by the police riot squad. The tactic of completely surrounding a group of protesters is called “kettling”.

The majority of those arrested have been charged with “trespass” and “besetting”, while a small number of the demonstrators were also charged with “behaving in a riotous manner”. Video taken of the demonstrations shows that the pro-Palestinian activists were completely peaceful and they were attacked in a violent and unprovoked manner by the Victorian police.

The protest against Max Brenner occurred as part of the global Boycott Divestment and Sanctions (BDS) campaign against the apartheid Israeli state.  Inspired by the South African struggle against apartheid, the BDSanctions campaign was launched by Palestinian civil society in 2005.  Endorsed by more than 171 Palestinian civil society organisations, including political parties, women’s groups, trade unions, associations, the BDS campaign is conducted in the framework of international solidarity and resistance to injustice and oppression and calls for non-violent punitive measures to be maintained until Israel meets its obligation to recognise the Palestinian people’s inalienable right to self-determination and fully complies with international law.

The attack on the peaceful BDS action in Melbourne highlights increasing attempts to criminalise BDS and pro-Palestine solidarity activism internationally. Currently in the US, France and Greece, hundreds of pro-Palestine activists are facing criminal charges for non-violently standing up for Palestinian human rights. The attack also highlights the attacks on civil liberties, freedom of speech and freedom of assembly in Victoria by the Baillieu government. In June 2011, Bailleu’s Coalition government introduced new laws extending police powers, allowing the Victorian police to issue on-the-spot fines of up to $240 for using “offensive” language. The new laws do not define clearly what “offensive” language is, allowing individual police officers to arbitrarily decide what is offensive or not.

The government has also established a new 42 member “Public Order Response Team”. According to the Melbourne’s Herald Sun newspaper, one of the primary functions of Baillieu’s new riot squad will be “breaking up public protests”.   

Civil liberties lawyer Rob Stary in a media release issued by the Coalition Against Israeli Apartheid in the wake of the violent police attack on the peaceful BDS protest outside Max Brenner said the attack and arrests showed that “the new Victorian [Baillieu] government is prepared to criminalise legitimate dissent.”

We call on all supporters of human rights, freedom of speech and civil liberties to stand in solidarity with the 19 BDS/pro-Palestine activists who were beaten and arrested by the Victorian police on July 1.  Support and/or join the “Boycott-Israel19″ Defence campaign today!

For more information and to sign on to the solidarity statement visit: Boycott-Israel19


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Brisbane BDS Campaign activists surprise shoppers by performing “we will boycott Israel” to the tune of a popular music anthem in the Myer centre food court below the Seacret Dead Sea Cosmetics stall. Activists have been calling on shoppers and Myer Centre management to respect the call to boycott products made in Israel until it respects human rights and complies with International Law.
The action was part of the global BDS movement to Boycott Israeli goods.
The Boycott Divestment Sanctions Campaign initiated by Palestinian trade unions and civil society in 2005 has the aim of * Ending Israel’s occupation and colonization of all Arab lands and dismantling the Wall * Recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and * Respecting, protecting and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN resolution 194
Boycott Divestment Sanctions Campaign Flash Mob Brisbane Australia June 3 2011

We will boycott Israel

Standing on the side of freedom justice
tear down the apartheid wall
they’ve got blood on their hands
it is not too late
to end support for the apartheid state

We will boycott Israel
We will boycott Israel

Standing on the side of respect dignity
we fight for equal rights
they’ve got blood on their hands
it is not too late
to end support for the apartheid state

We will boycott Israel
We will boycott Israel

Standing on the side of peace and justice
rights of refugees to return
they’ve got blood on their hands
it is not too late
to end support for the apartheid state

We will boycott Israel
We will boycott Israel

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