126 Resource book on the use of force and firearms in law enforcement responsible should be prosecuted.283 It is important that the judicial system establishes criminal responsibility for serious human rights violations. Following manifestly unlawful orders cannot be used as a defence for unlawful conduct. Instances of sexual and gender-based violence occurring during assemblies or protests should be investigated and prosecuted as a matter of priority. Any use of deadly force or discharge of firearms during assemblies should be reported and investigated. In addition to judicial processes, States should implement non-judicial oversight, including an effective internal investigation process and an independent oversight body. Such an oversight body should receive a broad mandate allowing it to investigate complaints from the public, to accept referrals from police and to initiate investigations itself in the public interest. The work of such a dedicated civilian oversight body can be complemented by the work of national human rights institutions. It is also good practice to facilitate law enforcement agencies in conducting non-adversarial peer reviews of policing operations, if possible by another law enforcement agency. In any investigation undertaken into policing operations, due regard must be given to command responsibility284 and liability should extend to officers with command control where they have failed to exercise effective command and control.285 CHAPTER KEY MESSAGES • The right to freedom of assembly, association and freedom of expression should be guaranteed in domestic law and the law should explicitly allow for both planned and spontaneous assemblies. It is important that law enforcement officials understand the meaning and scope of these rights, as they are called upon to ensure that people can enjoy those rights and that assemblies remain peaceful. • The task of law enforcement bodies is not to decide where or when the assembly should be held, but rather to reasonably accommodate the organizers so that they can convey their message within sight and sound of the target audience. • Any restrictions that are imposed on the assembly should be in line with international human rights law and should not impair the essence of the right to freedom of peaceful assembly and be proportionate to the legitimate aim pursued. • Law enforcement officials should take measures to prevent the use of force in the policing of assemblies and protests. They should prepare a tactical plan and actively engage with the organizers prior to, and during, the assembly. • Professional policing of assemblies can be based on four principles: knowledge; facilitation; communication; and differentiation. • Any public assembly should be presumed to be peaceful and lawful until proven otherwise. The burden of proof is with the authorities. 283  See Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, A/HRC/17/28, 23 May 2011, para. 119. 284  See Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Addendum
 Mission to the United Kingdom of Great Britain and Northern Ireland. A/HRC/23/39/Add.1, 17 June 2013, para. 93. 285  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, para. 91.