PART IV. POLICING SITUATIONS
Arrests
It may be necessary to arrest one or more participant(s) in the assembly who have violated
the law, including when participants vandalize public or private property, such as looting a
shop, or a participant who is trying to convey a message that amounts to incitement to
discrimination, hostility or violence. In these instances, the police can arrest the individual
and law enforcement officials should make sure to have provisions in place for apprehending,
searching, arresting, holding and transferring persons for prompt judicial review in order to
ensure their rights are respected. Special procedures should be provided for children that
come into contact with law enforcement in these contexts.
It may be useful in this regard to record video footage of what is occurring for use as evidence,
should a case be brought to court, and to be able to make further enquiries and arrests when
order is restored. Law enforcement officials can also gain access to public and private CCTV for
these investigations, as the public may have recorded events and posted them online. Search
warrants may be required to seize CCTV recordings
Mass arrests should be avoided at all times as they fail to differentiate between participants and
could amount to unlawful deprivation of liberty.251 Such arrests may amount to indiscriminate
and arbitrary arrests, which are in violation of human rights law.252 Though there may be occasions when numerous arrests based on unlawful conduct are deemed necessary, this should not
be because the law enforcement agencies do not have sufficient resources to individualize arrest
decisions based on particularized facts.253
Dealing with pockets of violence
It should be clearly understood that when some elements in the assembly behave violently, this
does not mean that from that moment on the whole assembly is to be regarded as violent.254 Law
enforcement officials should continue to differentiate between the violent elements and peaceful
protesters and protect the peaceful protesters and only act against the violent protesters.255
In cases where a group starts to behave aggressively, action should be taken against these individuals. Whenever possible, these people should be removed from the crowd and possibly
arrested, depending on their conduct, in order to allow other protesters to exercise their rights to
assemble peacefully and express themselves. Assembly organizers should not be held liable for
the violent behaviour committed by others.256
See OSCE Monitoring Report 2013-2014, para. 54.
See 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. 45.
253
See ICCPR, article 9; OSCE Monitoring Report 2013-2014, para. 283.
254
European Court of Human Rights, Ziliberberg v. Moldova, Application No. 61821/00, 2004; according to the
ECHR, “an individual does not cease to enjoy the right to peaceful assembly as a result of sporadic violence or
other punishable acts committed by others in the course of the demonstration, if the individual in question remains
peaceful in his or her own intentions or behaviour”; Report of the Special Rapporteur on extrajudicial, summary or
arbitrary executions, A/HRC/17/28 , 23 May 2011, para. 42; Report of the Special Rapporteur on the rights to
freedom of peaceful assembly and of association, A/HRC/20/27, 21 May 2012, para. 25.
255
See OSCE Guidelines on Freedom of Peaceful Assembly, Explanatory Notes, para. 167.
256
See Report of the United Nations High Commissioner for Human Rights. A/HRC/22/28, 21 Jan 2013, para. 10;
Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association. A/HRC/20/27,
21 May 2012, para. 93; 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. 70.
251
252
117
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