PART IV.  POLICING SITUATIONS 7.2.  Taking precaution: preventing the use of force The vast majority of peaceful assemblies are not problematic, and law enforcement officials should take that into account when preparing to facilitate them. States should make sure that people can indeed enjoy their right to assemble peacefully and should take appropriate steps to ensure that the assembly remains peaceful. In order to achieve this, States should pay due regard to the principle of precaution, and take measures beforehand in order to prevent having to use force during the assembly.235 This means they should prepare a tactical plan and actively engage with the organizers prior to, and during, the assembly. Notification and subsequent decision-making Most States have some form of a notification or permitting procedure, but it should be understood that under international human rights law there is no legal requirement for prior notification. Any such procedure must not impose any restriction on peaceful assemblies beyond those permitted by article 21 of the ICCPR. Such procedures are often useful to allow the authorities to put in place necessary arrangements to facilitate the assembly and protect public order and safety, such as redirecting traffic, organizing public transport, giving advance warning to healthcare facilities, warning local businesses, and protecting the rights and freedoms of protesters and other individuals affected by the protests.236 Failure to notify does not render an assembly unlawful and should not be used as justification to ban or disperse a peaceful assembly or have criminal repercussions for the organizers or participants. There should be an exemption from notification requirements for spontaneous assemblies. However, when the organizers deliberately circumvent reasonable notification requirements, administrative repercussions are possible as long as these are proportionate, and have a legal basis. It is good practice that the authorities making the decision on the prohibition of an assembly be different from those responsible for its enforcement.237 This will enable law enforcement bodies to stay out of the discussions about the assembly and focus on professionally and impartially policing the situation.238 Upon a notification, depending on the individual circumstances and assessment of each assembly, the decision can be any of the following: • Instructing the law enforcement bodies to facilitate the assembly, and ensure organizers and participants can assemble peacefully • Placing certain conditions, consistent with article 21 of the ICCPR, i.e. restrictions, on the assembly (for example on the route to be taken, on the timing of the assembly), instructing the law enforcement agencies to facilitate the assembly, ensuring 235  See Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, A/HRC/26/36, 1 April 2014, para. 53. 236  Report of the United Nations High Commissioner for Human Rights, Effective measures and best practices to ensure the promotion and protection of human rights in the context of peaceful protests, A/HRC/22/28, 2013, para. 11. In the OSCE Guidelines on Freedom of Peaceful Assembly, Guideline 4.1, this is referred to as a “notice of intent”. 237  See OSCE Guidelines on Freedom of Peaceful Assembly, Explanatory Notes, para. 61. 238  See OSCE Monitoring Report, 2013-2014, para. 233; in Bulgaria the municipality (or the mayor) is responsible for receiving assembly notifications and is authorized to ban an assembly or impose prior restrictions, as well as to order to disperse an assembly, and the police are responsible for enforcing any restrictions imposed by the regulatory authority. OSCE Monitoring report, 2013-2014, para. 233. 109