8
of law enforcement officials to “respect and protect human dignity and maintain
and uphold the human rights of all persons” and states that “law enforcement officials may use force only when strictly necessary and to the extent required for the
performance of their duty”. 5 At the same time, the UN “Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials” require that “governments and
law enforcement agencies develop a range of means as broad as possible and equip
law enforcement officials with various types of weapons and ammunition that would
allow for a differentiated use of force and firearms.”6 If law enforcement officials are
only equipped with a limited choice of weapons (e.g., a baton and a firearm), the risks
to themselves and the public may be heightened.7
The right to freedom of peaceful assembly does not only include the right to organize and participate in assemblies, but also to monitor them, and states have an
obligation to protect the rights of assembly monitors, which includes respecting and
facilitating the right to observe and monitor all aspects of an assembly, including the
work of law enforcement officials.8
This Guide on Law Enforcement Equipment Most Commonly Used in the Policing of
Assemblies has been developed jointly by ODIHR and Omega as a complementary
tool to the revised ODIHR Handbook on Monitoring Freedom of Peaceful Assembly.9 Its purpose is to provide information on various tactics and equipment law
enforcement officials use for policing different types of assemblies. This should
enable monitors to better recognize the policing tools, produce higher quality
monitoring reports and assist law enforcement in changing policies and practices
of improper use of equipment. This, in turn, will increase the accountability of law
enforcement officers, as well as public trust towards law enforcement agencies in
general. The primary audience for the Guide are independent assembly monitors in
OSCE participating States, including OSCE field operations, representatives of civil
society organizations and NHRIs, as well as other human rights monitors working to
contribute to human rights-compliant policing and increased accountability by law
enforcement officials.
5
6
7
8
9
UN, “Code of Conduct for Law Enforcement Officials”, op. cit., note 3, Article 2.
UN, “Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, op. cit., note 4,
Provision 2.
UN, UN Human Rights Guidance on Less-Lethal Weapons in Law Enforcement (New York and Geneva:
UN, 2020), Point 1.1., <https://w w w.ohchr.org/Documents/HRBodies/CCPR/LLW_Guidance.pdf>
UN, “Joint Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of
Association and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on the
Proper Management of Assemblies”, A/HRC/31/66, 2016, para. 70.
Handbook on Monitoring Freedom of Peaceful Assembly (Warsaw: ODIHR, 2020, 2nd ed.).