Cunneen, Chris --- "Aboriginal Young People and Police Violence" [1991] AboriginalLawB 17; (1991) 1(49) Aboriginal Law Bulletin 6

Aboriginal Young People and Police Violence

by Chris Cunneen

The following article[1] deals with the issue of police violence and Aboriginal juveniles. The research arose from specific concerns expressed during the Human Rights and Equal Opportunity Commission's (HREOC) National Inquiry into Racist Violence. It became apparent that Aboriginal communities were concerned at the treatment of their young people in custody. In addition the available evidence suggests that the over-representation of Aboriginal youth in the criminal justice system is more extreme than that which occurs with Aboriginal adults (see Aboriginal Law Bulletin, no. 44). The issue of police violence against Aboriginal people was raised in submissions and evidence to the Commission from across Australia. The research reported in this article was an attempt to systematically investigate allegations of police violence in New South Wales, Queensland and Western Australia.

When placed in a historical perspective, there is nothing unusual about the State taking on an essentially violent role in the process of dispossession of indigenous people. Certainly in Australia there is ample historical evidence of the use of State-sanctioned violence against Aboriginal people. Yet there appears to be little systematic investigation of the current role of violence in the policing of Aborigines. Even the Royal Commission into Aboriginal Deaths in Custody, while investigating individual deaths and the wider "underlying issues", seems to have been reluctant to grasp the nettle of whether violence may represent an institutionalised form of State response. Some other recent research has raised the issue of police violence against Aboriginal people including Burger (1988), WA Equal Opportunity Commission (1990) and White, Underwood and Omelczuk (1990), while other reports have examined the issues of excessive force, harassment and discrimination (for example, Cunneen, 1990a). There has also been a growth in literature examining the question of police violence and juveniles generally, including Alder (1989), O'Connor and Sweetapple (1988) and the Youth Justice Project (1990).

The Extent of Police Violence

The research which forms the basis of this article involved interviewing 171 Aboriginal juveniles held in detention centres in NSW, Queensland and Western Australia[2]. The focus of the research was the incidence of alleged violence by police officers towards Aboriginal juveniles. The overwhelming majority (88%) of Aboriginal juveniles who were interviewed reported being hit, punched, kicked or slapped by police. The percentage was somewhat higher in Western Australia (94%) than in Queensland (90%) or NSW (82%). The research results do not include the threat of violence by police officers, although such threats may be important as part of an overall pattern of harassment. The results also do not indicate the number of times any particular youth may have been the subject of police violence. Most of the youths interviewed had been the subject of more than one violent encounter[3]. Thus, while all incidents of alleged assaults were not quantified, it was apparent that these particular Aboriginal young people, who had been through the juvenile justice system to the extent of being incarcerated, had been subjected to violence at the hands of state officials on many occasions.

The respondents were also asked if they had been hit with batons, torches, telephone books or other objects while in police custody. Of those interviewed in three states, 63 % claimed they were hit by police with various objects. The percentage in NSW (68%) and WA (63%) is somewhat higher than Queensland (48%).

Of those who claimed to be assaulted with an object, nearly two thirds reported being hit with a police baton. One might expect that the use of batons involved legitimate or lawful force used in the apprehension of difficult offenders. However, juveniles from three states mentioned that they had in fact been hit with batons while in police custody, sometimes while in police cells. For instance, of the 36 Aboriginal juveniles who were interviewed in Mt Penang (NSW), 15 stated that they had been hit with police batons. More than half (9) of the 15 stated that they had been hit with batons at the station usually while detained in the cells.

In little over half of the respondents (51%) the object with which individuals were hit was something other than an authorised weapon. There were reports of police use of objects such as torches, telephone books, baseball bats, chairs, handcuffs, keys, legal books, an axe handle, brooms, golf clubs, footballs, a typewriter, an ashtray, a two-way radio and rulers. The use of such objects often occurred in situations where it would be difficult to establish that the force used was in any way lawful.

Aboriginal juveniles were also asked if they had been subjected to the use of guns by police. Some 32% of Aboriginal youths interviewed in detention centres reported having guns drawn and/or fired by police during arrest or while in custody. These replies do not include incidents where police threatened to use a fire arm but did not actually draw the pistol from the holster.

In some cases the use of firearms occurred when police drew their service revolvers while juveniles were attempting to escape, during car chases involving stolen vehicles, and incidents relating to apprehension during break and enters. There were also cases where firearms were used to intimidate juveniles already in custody - usually in relation to gaining an admission at the police station. Of the 23 juveniles in WA who alleged that they had been directly threatened with a firearm, nine stated that the threats had occurred while they were already in police custody.

The Nature of the Violence

In general the nature of the violence was straightforward. Juveniles complained of being slapped across the back of the head or the side of the head, of being punched in the head and body areas, of receiving black eyes and split lips, of being kicked and hit with various objects. In some cases more unusual forms of violence were used. In an incident in Perth, WA, a youth alleged he had a metal bin placed over his head and that it was hit while he was being questioned. He was then made to sit in the corner with the bin on his head so that the police who walked past were able to hit it. Finally he was placed in a small room with the bin still over his head. He was later released without charges being laid.

The violence was often premeditated. For instance, a 16 year old from north metropolitan Perth was taken to a Perth police station by CIB officers for questioning. Initially he refused to answer questions. He stated that the police said to him, "If you don't talk we're going to do something really bad to you!' He alleged that he was assaulted and later stripped to his underpants. During mid-winter, he was left in a room with the air-conditioning set on the coldest temperature. He eventually made a statement in relation to offences for break and enter, car theft, assault and malicious damage. He said that he knew nothing of the offences, but commented "they were torturing me".

Often the alleged violence took the form of a type of summary punishment. One 15 year old Aboriginal boy (Sydney) claimed that he was picked up and taken to an innermetropolitan Sydney police station about two weeks after a "riot" between police and Aboriginal people in the area. He was questioned in relation to providing names of other people allegedly involved in the riot. During the questioning he claimed to have been hit with paper. After being placed in the cells, he stated that police officers threw rocks at him and said to him, "How do you like having rocks thrown at you?"

In general, the type of complaints made by Aboriginal girls in relation to allegations of police violence were similar to those made by male youth. Of the 14 Aboriginal girls interviewed in three states, ll reported being hit by police.

For instance a 16 year old girl (Sydney) reported that:

"They were asking questions. They ankle-cuffed me to the table, and they said, 'If you're not going to answer us, we're going to keep belting you'.



"They smacked me in the head, punched me in the head. And I started crying because I was upset. And they just kept on asking questions. "

In Western Australia, a 15 year old girl from northern metropolitan Perth alleged that she had been hit with such force with a police baton that the police were required to take her to Sir Charles Gairdner Hospital for four stitches to the top of her head.

One of the 7 Aboriginal girls interviewed in NSW claimed that, as well as being assaulted herself, she had witnessed a sexual assault on another Aboriginal girl by police officers. Neither of the girls made any complaints concerning the events. During the course of the interview with the researcher, the girl stated that she had considered hanging herself since she had been placed in the detention centre[4]. There were other forms of sexual harassment mentioned by the girls and young women who were interviewed including threats of rape[5].

Where Did Police Violence Occur?

The research indicated that the problem of police violence was geographically extensive across the three states. One implication of this extensiveness is that the problem of police violence is not susceptible to a simple "rotten apple" explanation, but demands confronting as an institutional problem.

Most of the juveniles had been the subject of several violent incidents that had occurred at different times and at different geographical and situational locations. On some occasions one incident, from the point of arrest to being locked in the cells, could involve a number of allegations of violence by different officers and for different purposes. However there are two major situational factors in understanding police violence against Aboriginal juveniles which are important. The first relates to the policing of space and the contest that occurs over the use of such space. The second situational factor relates to what occurs at police stations and lock-ups. It is primarily related to gaining admissions from individuals who have been arrested, but also often includes a routine form of summary `punishment'.

These situational factors often overlap. Not all forms of police violence in public directly relate to the establishment or confirmation of police authority. Unprovoked violence and harassment by police officers may occur without any overt challenge to their authority. Similarly violence in the police station or lock up may occur without any directly instrumental link to gaining an admission from the alleged offender. However the evidence from Aboriginal juveniles as to what occurred in police stations confirmed the view that in most cases the alleged violence by police officers did have an instrumental purpose to it. Juveniles from different areas and different states related similar stories. In some cases the Aboriginal juveniles who were interviewed stated to the researcher that they had committed the offences for which they were being questioned; in other instances they stated that they had not committed the offences. Clearly however, the use of violence by police officers is unjustified irrespective of whether an individual has committed an alleged offence or not.

The Use of Racist Language by Police

Aboriginal juveniles were asked if they had experienced the use of racist language by police. Overall, 81% of respondents complained of the use of racist language by police officers. The percentage was higher in WA (83%) and NSW (82%) compared to Queensland (74%). The language allegedly used by police officers included "coon", "abo", "boong", "nigger", "black dog", "black cunt", "black bastard", "black prick", "black arsehole", "black shit", and "coon county boy" (referring to Redfern). Many of the Aboriginal girls who were interviewed stated they were abused with language that was both racist and sexist including alleged comments by police officers which referred to them as "black bitches", "black sluts" and "black molls". Such language reinforced the link between sexual and racist violence.

Suicide Suggestions and Threats of Hanging

Some police officers had made various suggestions concerning suicide. The issue was originally raised by those being interviewed in NSW and QLD independently of any direct questions by the researcher. It was decided to systematically question Aboriginal juveniles about the issue when the research was conducted in WA. In that State, some 21% of juveniles stated that police officers had either made threats or suggestions relating to hanging or suicide. The evidence suggests that some police officers are using the incidence of Aboriginal deaths in custody as a threat against some Aboriginal juveniles who are detained. Other recent research would support this position (WA Equal Opportunity Commission, 1990).

On some occasions suggestions of suicide had been preceded by incidents of alleged violence According to a 17 year old youth (NSW), he had been kicked and hit with batons by 5 police in the cells at an outer-metropolitan Sydney police station in mid-1989. After the alleged violence, he was given a sock and told, "you might as well use it". On other occasions the threat to hang Aboriginal juveniles in custody appears to have been used in an attempt to control "difficult" prisoners. A 17 year old youth was kept in a south western NSW police cell as an `Intoxicated Person'. He was told by police, "we'll hang you if you don't shut up" and later, "keep going and well hang you". The youth alleged that a sock was hung through the hole in the cell door. In other incidents the threat to hang was used as part of a wider process of intimidation in relation to the gaining of admissions from juveniles.

The Reporting of Violence

Less than 10% of the group who were interviewed recollected making any form of complaint in relation to alleged incidents of violence. In the majority of cases there was simply seen to be "no point". The nature of those few complaints which were made was ambiguous.

There were a number of reasons given for not complaining about alleged assaults, including ignorance of procedures, fear of retaliation and harassment, and a sense in which violence was something "normal" and to be expected and tolerated. The "normality" of expectations of police violence has been remarked upon in other research[6].

Given that it is the Aboriginal Legal Service which must, at least initially, deal with the question of police violence it is worth considering a practising Children's Court Solicitor's response to the problems which are faced from a legal perspective.

"Many children come to me with allegations of being bashed in the cells by detectives. Some are exaggerated; most are true. Most of these (complaints) slip through the system somehow. And I've even found myself placed in the position (in court) where I've been unable to mention, or even (had to) tell the kid to shut up about the beating received.

"The reason why it's better for me not to mention it in court, is because, if it's raised, and raised without any back-up - medical attention, back-up witnesses - then the child is seen to be exaggerating and lying. If the issue of credibility is an important one in the trial, then I don't want any slurs upon his truth-telling" (Royal Commission into Aboriginal Deaths in Custody, 1990, p.169).

The statement captures succinctly the closure and silence around police violence. Beside all the reasons for not reporting police assaults, it is clear that when complaints are made the legal system itself appears to ensure that, on the basis of the most beneficial outcome to the client, it is. a matter which is best left quiet. When one adds to this the problems of evidence, delay and unsatisfactory outcomes encountered through the official mechanisms of complaint, it is difficult to avoid the conclusion of institutionally-sanctioned acceptance of police violence.

Conclusion

The evidence presented here illustrates that there was an internal consistency in the allegations, both in relation to the type of violence and the purpose of the violence, from Aboriginal youth from widely separate areas across three states. Those who were interviewed often did not deny that they committed criminal offences. They were not necessarily trying to plead their "innocence". In addition police violence was presented as part of the routine interaction with police.

Importantly there was an internal consistency in the current research, and corroborated in other research, which undermines the view that the reports of police violence could be simply dismissed as lies, exaggerated or deliberate deception. The respondents were generally not accusing and often underplayed the seriousness of the events which they described.

It should also be noted that the structural position of those who were interviewed meant that it was unlikely that any substantive evidence would exist or any formal complaint would be lodged. Given the fundamental inequality in terms of the age, Aboriginality and (in the case of girls) gender of those assaulted, compared to the structural power and authority of those who allegedly committed the assaults, the chance that the legal demands for adequate evidence would be met are slim indeed.

There are compelling reasons for considering the use of violence against Aboriginal youth as part of an institutionalised form of racial violence. This is not to suggest that individual police officers who subject Aboriginal youth to violence are necessarily individual racists - they may or may not subject other youth to the same treatment. Rather, it is to argue, that the wider policing processes which bring such a massively over-representative number of Aboriginal youth into the juvenile justice system has the effect of subjecting those youth to violent treatment: the violence which is part of the routine practices of policing. In other words, the processes of criminalisation entail subjecting individuals to varying degrees of violence. Those same processes selectively discriminate against Aboriginal youth. In addition the over-representation has racist outcomes. Aboriginal people are seen to be in some way "naturally" criminal[7]. Thus there are structural reasons for regarding the violence against Aboriginal youth as constituting racist violence.

In addition there is also a "vocabulary" of racism which goes with the violence and transforms what may be a simple violent act into an action which constitutes racist violence. The evidence indicates the widespread use of racist abuse. One should consider then the social transformation which occurs around the act of violence which is affected by the use of racist language. The violence is no longer a simple act, nor an act with a simple instrumental purpose. It is socially contextualised within the language of racism. The act of violence derives its social meaning through. a context which is defined in racial terms. The person being assaulted is not simply a "suspect", he or she is simultaneously categorised in racially derogatory terms such as an "Abo" or "boong". Similarly one might consider the language involved in sexist abuse which is always contextualised by race. An Aboriginal woman captured the combination of threats of violence towards Aboriginal women when she stated that, while she was in police custody in Townsville, police officers alternated between saying "should we rape her" or "should we hang her" (HREOC, 1989, p.87). In this case the threat of sexual violence and racial violence are used in combination. Thus particular actions are placed within a context which articulates and defines them as racist. The act of violence, when it occurs, is thus an act of racist violence.

References:

Alder, C. (1989) Homeless Youth as Victims of Violence, Criminology Department, University of Melbourne.

Bacon, J. and Irwin, J. (1990) "If Had a Gun I Would Shoot the Lot" A Report on Young People and Police, Youth Justice Coalition, Sydney, Forthcoming.

Burger, J. (1988) Aborigines Today. Land And Justice, Anti-Slavery Society, London.

Cunneen, C. (1989) `Constructing a Law and Order Agenda’ Aboriginal Law Bulletin, Vol. 2, No. 38, June 1989.

Cunneen, C. (1990a) Aboriginal-Police Relations in Redfern: With Special Reference to the `Police Raid' of 8 February 1990, Report Commissioned by the National Inquiry into Racist Violence, HREOC, Sydney.

Cunneen, C. (1990b) Aborigines and Law and Order Regimes', Journal for Social Justice Studies, Special Edition Series, Contemporary Race Relations, Vol. 3, pp. 37-50.

Human Rights and Equal Opportunity Commission (1989) National Inquiry into Racist Violence, Transcript of Public Hearing, Townsville, 19 October 1989.

O'Conner, I. and Sweetapple, P (1988) Children in Justice, Longman Cheshire, Melbourne.

Rayner, M. (1988) Fending For Yourself, Report to the HREOC's Inquiry into Homeless Children, Perth. Royal Commission into Aboriginal Deaths in Custody (1990) Transcript of Hearing into Juvenile Justice lssues, Perth, 29 May, 1990.

WA Equal Opportunity Commission (1990) Discrimination in Government Policies and Practices, S.82(b) Report No 8, Review of Police Practices Main Report, Equal Opportunity Commission, Perth.

White, R., Underwood, R. and Omelczuk, S. (1990) `Victims of Violence: The View from Youth Services' Paper presented to the Australian New Zealand Society of Criminology Conference, Sydney, September 1990.

Wootten, H. (1991) Report of the Inquiry into the Death of Mark Anthony Quayle, Royal Commission into Aboriginal Deaths in Custody, A.G.P.S., Canberra.

Youth Justice Project (1990) Kids in Justice. A Blueprint for the 90's, Youth Justice Coalition, Sydney.

[1] This article is an abbreviated version of a research report (A Study of Aboriginal Juveniles and Police Violence'.

[2] In NSW 74%, in QLD 76%, and in Western Australia 86% of Aboriginal youths held in detention centres at the time were interviewed

[3] . For instance, of the 16 male Aboriginal juveniles in Longmore detention centre (WA) 7 stated that they had been hit by police "every time" they had been arrested or detained. No-one stated that he had been hit once. The remaining 8 alleged that they had been hit on multiple occasions.

[4] Since the interviews were conducted the young woman was released from Reiby Detention Centre and died shortly afterwards allegedly from a heroin overdose.

[5] For other recent evidence of alleged cases of sexual assault by police officers see WA Equal Opportunity Commission (1990, p.40) and HREOC (1989, pp.87-89).

[6] See Alder, 1989; Bacon and Irwin, 1990; Burger, 1988; Royal Commission into Aboriginal Deaths in Custody, 1990b; Rayner, 1988.

[7] Wootten (1991, p.2) made this point succinctly in relation to the death of Mark Quayle in Wilcannia, NSW. He wrote, "I find it impossible to believe that so many experienced people could have been so reckless in the case of a seriously ill person dependant on them, were it not for the dehumanised stereotype of Aboriginals so common in Australia and in the small towns of western NSW in particular. In that stereotype a police cell is a natural and proper place for an Aboriginal" (emphasis added).