PART I.  SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT The right to liberty and security of person are important in the context of this resource book, as force may be applied (and misused) in arrest and detention operations, and may as such lead to a violation of this right when the use of force was unlawful, excessive or disproportionate. Right to a fair trial The right to a fair trial includes the principle of equality before the law, the principle of presumption of innocence and the right of everyone to a fair hearing before a competent, independent and impartial tribunal established by law, in determination of a criminal charge.35 While it is a right that can be derogated from, such derogations must not endanger the fundamental principles of fair trial.36 The inappropriate use of force by law enforcement officials may be an element of consideration in the course of a trial. For example, the use in criminal proceedings of statements obtained as a result of a violation of the prohibition of torture or other forms of ill-treatment (e.g. confessions as a consequence of torture) may render the whole trial automatically unfair.37 Rights to freedom of peaceful assembly, association and freedom of expression The rights to freedom of peaceful assembly, association and expression are considered fundamental rights for fair societies and good governance.38 However, these rights are not absolute and their enjoyment can be limited under certain conditions. Limitations to these rights must, however, be provided for by law, necessary in order to achieve a legitimate aim and proportionate to that aim. Both the right to freedom of peaceful assembly and the right to freedom of association may be restricted, if such restrictions are in conformity with the law and necessary in a democratic society, in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.39 The right to freedom of expression may similarly be subject to certain restrictions as long as these are “provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals”.40 Moreover, expression that amounts to propaganda for war, advocacy of national, racial or religious hatred that constitutes incitement to hatred, hostility or violence shall be prohibited.41 It is particularly important that law enforcement officials fully understand these rights and the (strict) conditions under which they can be limited, in particular as law enforcement officials are See ICCPR, article 14. Human Rights Committee, General Comment No. 29: “States of emergency (article 4)”, United Nations Doc. CCPR/C/21/Rev.1/Add.11 (2001), para. 16; Human Rights Committee, General Comment 31, Nature of the General Legal Obligation on States Parties to the Covenant, U.N. Doc. CCPR/C/21/Rev.1/Add.13 (2004), para. 11. 37  See the Convention against Torture, article 15 (prohibition to use evidence obtained through torture), as well as—for example—the Human Rights Committee, General Comment No. 32, article 14, para. 6 and the jurisprudence of the European Court for Human Rights: http://www.echr.coe.int/Documents/Guide_Art_6_criminal_ENG.pdf 38  See UDHR, articles 20 and 19; ICCPR, articles 21, 22 and 19. For an overview of the right to assemble peacefully and to associate in many international and regional treaties, visit: http://www.ohchr.org/EN/Issues/AssemblyAssociation/Pages/InternationalStandards.aspx. 39  See ICCPR, articles 21 and 22(2). 40  See ICCPR, article 19(3). 41  See ICCPR, article 20(2).  35  36  13