What began as a protest against the visit of Israeli president Isaac Herzog in Sydney last week escalated into a significant confrontation, with allegations of excessive force by police dominating the aftermath. Rebecca Payne, a legal observer wearing a fluorescent pink vest, was documenting the demonstration on 9 February when she was caught in a spray of pepper-spray. Initially believing it to be an accidental discharge, Payne later reviewed footage that showed a police officer deliberately spraying into the densely packed crowd.
The protest, which drew thousands to Sydney Town Hall, was ostensibly held to mark the victims of a recent attack at a Jewish festival in Bondi Beach, an event that resulted in fifteen fatalities – Australia’s deadliest mass shooting in nearly three decades. However, the demonstrators present accused President Herzog of inciting genocide against Palestinians in Gaza. Herzog, in turn, refuted these claims, asserting that protests against him aimed to “undermine and delegitimize” Israel’s right to exist.
Payne recounted the harrowing experience to The Independent, describing the sudden, unprovoked pepper-spraying. “Without any warning at all, he suddenly just pepper sprayed a whole bunch of us for absolutely no reason that I could detect,” she stated. “I felt it go into my right eye and land on my left cheek.” The immediate effect was complete blindness and a severe burning sensation. “I literally could not see a thing,” she added. “I was completely blind. My face was burning. I was really frightened that I was going to get knocked over and trampled.”
Moments after the spray was deployed, Payne described police charging the crowd. “It was absolutely terrifying,” she said, recalling the pushing, punching, and screams of those affected. She stumbled forward, blinded and in tears, clinging to a stranger to maintain her balance. Her initial reaction was shock at the behaviour of Sydney police, followed swiftly by fear.
Scrutiny Over Police Tactics
The incident led to an investigation by the New South Wales (NSW) state watchdog, following allegations of excessive force by police who confirmed the use of capsicum spray. The rally itself had been subject to restrictions after organisers’ last-minute legal challenge to overturn a ban on a planned march through the city centre failed. The area was declared a “special event,” granting police expanded powers and preventing the march.
Payne, who has been observing demonstrations in NSW since 2020, stated that while she anticipated tension, she did not witness any actions by demonstrators that warranted the police response. “I did not see one protester do anything that a police person could reasonably feel threatened by,” she asserted. “But I saw so many instances of police violence that were completely unprovoked.”
Police reported 27 arrests, with nine individuals later charged. They also claimed 10 officers were assaulted. Assistant Commissioner Peter McKenna described his officers as being “threatened, jostled and assaulted” during “a number of melees, rolling fights,” and stated they were “significantly outnumbered.” NSW Police Chief Mal Lanyon maintained that officers exhibited “remarkable restraint” and “did what they needed to do.”
NSW Premier Chris Minns suggested the police were in an “impossible situation” and urged the public to consider the “full context” rather than relying on short video clips, claiming officers had done “everything possible” to avoid conflict. Payne, however, disputed this characterisation, emphasising that “most of the protest was peaceful.”
The protest organisers’ attempt to march through the city centre was thwarted by police powers granted under a “special event” declaration.
Human Rights Watch Concerns
Footage of the Sydney protest, verified by Human Rights Watch, has raised further concerns. The videos appear to show officers punching individuals on the ground, dispersing those who were kneeling in prayer, and spraying protesters at close range. One clip features a voice pleading, “Stop it! Stop it!” as two officers repeatedly strike a restrained protester.
Annabel Hennessy, Australia researcher for Human Rights Watch, expressed significant concern regarding the apparent use of force. “From our initial analysis of videos and taking statements from witnesses, it does appear that force was used,” she told The Independent. Hennessy highlighted international standards for less-lethal weapons, noting that chemical irritants like pepper spray should only be used when there is an “imminent threat of injury.” She observed that in many videos, pepper spray seemed to be deployed against protesters who did not appear to be behaving violently.
Hennessy found the accounts from legal observers particularly troubling, with many describing being sprayed and then immediately charged by officers. She pointed out that pepper spray is a “non-discriminatory weapon,” making its widespread use concerning, especially when individuals are left temporarily blinded and requiring medical attention.
NSW Premier Chris Minns commented on the police’s role, urging the public to view events with full context.
Beyond immediate injuries, Hennessy warned of a broader impact on democratic rights. “It can have a chilling effect on the right to public assembly when we see this kind of apparent excessive force used against protesters,” she stated. “It can deter others from exercising their right to public assembly and free speech. And that’s really worrying, because the right to public assembly is a cornerstone of democracy.”
Broader Trends in Protest Policing
Amnesty International Australia welcomed the NSW Law Enforcement Conduct Commission’s investigation, acknowledging the substantial number of complaints received. Mohamed Duar, spokesperson for Amnesty International’s Occupied Palestinian Territory, condemned the “unnecessary and disproportionate force” used by NSW police, especially against First Nations Peoples and Muslims in prayer. He stated that law enforcement should protect the right to protest, not suppress it, and described the police conduct as “a serious assault on those rights and a deeply troubling display of state-sanctioned violence.”
Human Rights Watch has documented instances of alleged excessive force, including punching and close-range spraying.
Pepper spray, or OC spray, is derived from capsaicin and is intended for self-defence and restraint under NSW Police guidelines. The UN Basic Principles on the Use of Force and Firearms stipulate that law enforcement should exhaust non-violent means before resorting to force, using only the minimum necessary.
Research from civil society and legal groups, including the Australian Democracy Network and the Grata Fund, indicates a rise in the deployment of pepper spray at protests between 2019 and 2024. Their findings show OC spray was used at 11 protests in 2023–24, a significant increase from the previous five years. Over this five-year period, more than 200 people across 18 protests required medical treatment after exposure to OC spray, with allegations of direct spraying into protesters’ faces in at least five incidents.
Amnesty International Australia has called for an investigation into the use of force by NSW police.
Preliminary figures for 2025 from the Australian Democracy Network reveal police have used OC spray at six protests in Victoria and two in NSW. This includes an incident in October where a 70-year-old was sprayed during a march in Wollongong supporting the Palestinian people. The research also documented 51 incidents of alleged excessive force in restraining protesters between 2019 and 2024, including headlocks, chokeholds, and officers kneeling on individuals’ heads and necks. Reported injuries ranged from perforated eardrums and bruising to broken arms.
Further incidents include the use of rubber bullets, foam baton rounds, tear gas, and flash-bang grenades at protests in Melbourne. Police horses were reportedly ridden into crowds on at least four occasions in NSW and Victoria. Alarmingly, four children aged 16 and under were also pepper-sprayed.
The NSW Law Enforcement Conduct Commission stated it was in the “public interest” to investigate the events in Sydney, including allegations of misconduct against NSW police officers. A spokesperson for the NSW minister for police confirmed the government’s cooperation, emphasising the need for the commission to operate independently.
Civil society groups have reported an increase in the use of pepper spray and other crowd-control measures at Australian protests.
