173. Human rights defenders participating in non-notified assemblies should not be subject to criminal or administrative sanctions resulting in fines or imprisonment solely for their participation in such assemblies.248 Sanctions for failing to comply with formal legal requirements for assemblies should be proportionate to the gravity of the offense and should be applied in a non-discriminatory manner. Liability for failing to adhere to any relevant provision of the law should be clearly stipulated. Participating States should ensure that all those charged with administrative or other offences in connection with the exercise of the right to freedom of peaceful assembly enjoy full due process protections, including immediate access to a lawyer of their choice and adequate time to prepare their defence. Human rights defenders who organize peaceful assemblies should not be held responsible for unlawful acts of other participants at an assembly if they did not cause or otherwise participate in the conduct of those acts. 174. Policing and use of force: Law enforcement officials should avoid the use of force during assemblies or, if this is not practicable, restrict such force to the minimum extent necessary.249 The force applied should target only those participants who engage in violence and should be strictly proportionate. A peaceful assembly does not automatically turn into a non-peaceful one if a small group of participants, or non-participants or agents provocateurs, use violence.250 Law enforcement officers policing the assembly must react to such acts in a targeted way without compromising the exercise of the right to freedom of assembly by peaceful participants, for example, by forcibly dispersing an otherwise peaceful assembly. 248  A/HRC/20/27, para. 29. 249  According to the UN Code of Conduct for Law Enforcement Officials, law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. This means that the use of force should be exceptional and under no circumstances go beyond what is reasonably necessary. See UN “Code of Conduct for Law Enforcement Officials”, Adopted by UN General Assembly Resolution 34/169 of 17 December 1979, Article 3. The UN Basic Principles on the Use of Force and Firearms by Law enforcement Officials (hereafter the UN Basic Principles) further stipulate that law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force, and that they may use force only if other means remain ineffective. When the lawful use of force is unavoidable, law enforcement officials shall, among other things, exercise restraint, minimize damage and injury, and ensure that assistance and medical aid are rendered to any injured or affected person at the earliest possible moment (“UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, principles 4 and 5). While these principles generally also apply to the use of firearms, the UN Basic Principles further specify that the use of firearms against persons should never be permissible except in self-defence or defence of others to protect life or to prevent serious bodily harm (principle 9). As regards excessive use of force see also, for example, UN Committee against Torture, “Concluding Observations on Greece” (UN Doc. CAT/C/GRC/CO/5-6, 27 June 2012, para. 11), where the Committee expressed concern at continuing allegations of excessive use of force by law enforcement officials, often related to policing of demonstrations and crowd control. The Committee urged the state party to take immediate and effective measures to ensure that law enforcement officials only use force when strictly necessary and to the extent required for the performance of the duty. See also “Concluding Observations on Canada” (UN Doc. CAT/C/CAN/CO/6, 25 June 2012, para. 22), where the Committee expressed concern about reports of excessive use of force by law enforcement officers often in the context of crowd control at federal and provincial levels. The Committee recommended the state party to strengthen its efforts to ensure that these allegations are promptly and impartially investigated, and that those responsible for such violations are prosecuted. 250  OSCE/ODIHR-Venice Commission Guidelines, para. 164. 84 Guidelines on the Protection of Human Rights Defenders

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