175. The UNGA and the Human Rights Council have repeatedly reiterated that no one should be subjected to excessive and indiscriminate use of force in the context of peaceful protests.251 Under all circumstances, law enforcement authorities must refrain from the excessive and indiscriminate use of force that fails to differentiate between peaceful demonstrators, journalists reporting from the event, assembly monitors or by-standers and those responsible for violent acts. The indiscriminate use of force, for example, in reaction to sporadic violence during an assembly or violent acts by a small group of protesters, can lead to the escalation of tensions and result in further violence. Negotiation and/or mediation to de-escalate conflicts should always be given precedence over the use of force.252 To prevent the unnecessary and disproportionate use of force, domestic law should contain clear rules that set out the circumstances justifying the use of force, as well as the level of force acceptable to deal with various threats.253 The Council of Europe Commissioner for Human Rights has also recommended that states should set clear rules for the use of force in the context of demonstrations.254 176. A ll allegations of excessive or indiscriminate use of force and other misconduct by law enforcement officers in connection with the policing of assemblies must be effectively investigated, and anyone responsible for misconduct must be brought to justice.255 There must be no impunity for such acts. In accordance with relevant human rights standards and OSCE commitments, governments shall ensure that 251  See the UNGA “Resolution on the Promotion of the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms”, UN Doc. A/RES/66/164, para. 6; UNGA “Resolution on the protection of women human rights defenders”, UN Doc. A/RES/68/181, 18 December 2013, para. 8; Human Rights Council “Resolution on the promotion and protection of human rights in the context of peaceful protests”, A/HRC/RES/19/35, adopted on 23 March 2012, para. 6; and the Human Rights Council “Resolution on the protection of human rights defenders”, A/HRC/RES/22/6, para. 6. 252  See OSCE/ODIHR-Venice Commission Guidelines, paras. 5.4 and 5.5, and for further details pp. 75-89. 253  Ibid. para. 171. 254  See, for example, the report of the Commissioner on his visit to Turkey in which he recommended the authorities to adopt clearer rules for the use of force in the context of demonstrations, including in particular with respect to the use of tear gas and projectile-firing weapons, and better safeguards against ill-treatment and violations of the right to freedom of assembly by law enforcement officials. See Report by Nils Muižnieks, Council of Europe Commissioner for Human Rights, following his visit to Turkey, from 1 to 5 July 2013, C ­ ommDH(2013)24, 26 November 2013. 255  For example, to investigate allegations of excessive use of force in the context of protests, the UN Human Rights Committee has recommended the Russian Federation to “establish an independent body with authority to receive, investigate and adjudicate all complaints of excessive use of force and other abuses of power by the police”; see “Concluding Observations on Russia”, UN Doc. CCPR/C/RUS/CO/6, 24 November 2009, para. 25. Following his visit to Georgia, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association recommended the authorities to “[s]eriously consider establishing an independent commission to thoroughly investigate the events of 26 May 2011, in an inclusive, transparent and participatory manner, and with the involvement of all stakeholders, including opposition political parties, non-governmental organizations, trade unions, activists, human rights defenders and members of civil society”; see Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai , Addendum, Mission to Georgia, UN Doc. A/HRC/20/27/Add.2, 8 June 2012, para. 91 (e). For more details about the requirements of effective investigations see the section on Impunity and effective remedies above. Guidelines on the Protection of Human Rights Defenders 85