9. Requiring protesters to give notification of a planned demonstration may not
necessarily be a violation of the right,932 although spontaneous demonstrations
should also be permitted.933 So a requirement that applications be made for
permits 15 days before the planned demonstration, applications which were
often denied, and which imposed restrictions on the use of flags, among other
things, was found to be a violation of the ICCPR.934
10. The right to ‘peaceful assembly’ is protected, although the right will not
necessarily be lost if there are isolated incidents of violence.935
11. Law enforcement officials should ‘avoid the use of force or, where that is not
practicable, restrict such force to the minimum extent necessary’ if assemblies
are ‘unlawful but non-violent’.936
12. Where assemblies are violent, firearms can be used ‘only when less dangerous
means are not practicable and only to the minimum extent necessary’. 937
13. The indiscriminate use of legal force against a crowd is prohibited under all
circumstances.938
14. States should make protective equipment and non-lethal weapons available to
law enforcement officers and provide them with the appropriate training. 939
15. The protection of the right of assembly of one group cannot be used as a
justification for curtailing the right of assembly of another.940
The right of association, or the right to form political organisations
16. The right of freedom of association is vital to the functioning of democratic
societies. Social development and democracies in particular are furthered by
the joining together of individuals with a common purpose within groups to bring
about change. From the trade union movement to environmental protection,
this has all been achieved through associations.
17. Individuals will be exercising their right to freedom of association where they
come together on a voluntary basis to further a common interest. Political
parties are classic examples of associations, and as they are essential to the
932
Communication 412/1990, Auli Kivenmaa v. Finland, CCPR/C/50/D/412/1990. See also Human
Rights Committee, UN.Doc.A/56/40, vol.I, p.82.
933
European Court, Bukta and Others v. Hungary, 17 July 2007, para. 32
934
In respect of Belarus, UN Doc.A/53/40, Vol.I, p.29.
935
A/HRC/17/28, para 42. European Court, Zilberberg v. Moldova, 4 May 2004, and Ezelin v. France,
26 April 1991.
936
Basic Principles on the use of Force and Firearms by Law Enforcement Officials, principle 13. See
also European Court, Nurettin Aldemir v Turkey, 18 Dec 2007.
937
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 14.
938
Resolution, Human Rights Council, Promotion and protection of human rights in the context of
peaceful protests, A/HRC/RES/25/38, 11 April 2014, para 11.
939
Ibid, paras 13 and 14.
940
European Court, Ollinger v Austria, 29 June 2006.
148
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