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conduct of assemblies.119 This implies that the covert monitoring of participants’ communications devices may interfere with their right to freedom of peaceful assembly.
The 2018 resolution also addresses the use of signal jammers, expressing concern
“about the emerging trend of disinformation and of undue restrictions preventing
Internet users from having access to or disseminating information at key political
moments, with an impact on the ability to organize and conduct assemblies”.120 The
resolution calls on states “to refrain from and cease measures, when in violation of
international human rights law, seeking to block Internet users from gaining access
to or disseminating information online”.121
What monitors should observe and record
• In what circumstances were the devices used?
• What devices were used by police to record the public gathering?
• What did the devices look like? Monitors should try to record the shape and size,
and take images or video, focusing on any logos, names or other markings that
might identify the manufacturer or model.
• What distance was the law enforcement officer operating the camera from the
people being filmed?
• During what time period was the camera used?
• Were particular people or sections of the crowd filmed, or was filming carried out
indiscriminately?
• How did people react to being filmed? Did the actions of the law enforcement
officers affect the behaviour of participants?
• Was there a break in mobile phone reception at any time? What was the duration
of the break?
• Did the Internet become inaccessible at any stage? For what time period was it
inaccessible?
• Did participants report any other types of mobile or digital communications issues?
• Were the participants warned about the use of devices?
119 United Nations Human Rights Council, Resolution 38/11, on “The Promotion and Protection of Human
Rights in the Context of Peaceful Protests”, adopted without a vote on 6 July 2018, preamble, <https://
w w w.right-docs.org/doc/a-hrc-res-38-11/>.
120 Ibid.
121 Ibid., operative para. 9.
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