110 Resource book on the use of force and firearms in law enforcement organizers and participants can assemble peacefully, while at the same time enforcing the restrictions • Prohibiting an assembly. This should be exceptional and only as a last resort, in line with restrictions permissible under international law, recognising that freedom of peaceful assembly is a fundamental right. It should be emphasized, in other words, that banning or dispersing an assembly completely should be exceptional, as there would have to be legitimate grounds to do so, that is, for example, where such a measure is “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”. Restrictions should not impair the essence of the right to freedom to peaceful assembly and be proportionate to the legitimate aim pursued. It follows that the grounds for restrictions as listed in ICCPR should not be supplemented by additional grounds in domestic legislation. FACILITATING COMPETING INTERESTS In Bern, a senior civil servant stated the following as good practice for public assemblies: “We do not care about the reason for a demonstration or what it is for, or against. But the City is responsible for organising the public space and for safety and security in this area. Many people are interested in using the space, for many different reasons. Example: in Bern, there is a public square in front of the national parliament building. It is probably the most prominent square in the country. Every Saturday, there is an outdoor fresh market on this square. Dozens of farmers come to this public space to sell their products. They make their living from it. But Saturdays are popular for protests, and on many Saturdays several groups or parties want to use this same square, to make their protests. Should we cancel the market, which is very popular, in favour of the demonstrations? Or should we ask the protesters to come on another day? Neither nor. In the morning, the market takes place undisturbed; in the afternoon, it is time for the demonstrations.”a a Twelfth Round of the Human Rights Dialogue between Vietnam and Switzerland, Bern, 27 August 2014. Preparation: developing a tactical plan When the assembly has been announced in advance, the law enforcement authorities can, and should, prepare and develop a tactical plan to facilitate the assembly effectively, and, where applicable, enforce the necessary restrictions that have been put in place.239 It is good practice to have a standard format to plan for assemblies and facilitate them accordingly. The tactical plan should follow the format discussed in chapter 4. The aim should be to facilitate the assembly. The task of law enforcement bodies is not to decide where or when the assembly should be held, but rather to accommodate the organizers so that they can convey their message within sight and sound of the target audience. An important tactical decision that should be taken prior to the peaceful assembly concerns the level of tolerance for disruptions, such as traffic jams, and the closure of shops and small businesses. Law enforcement agencies should tolerate some level of disruption, and base their tactics 239  See HC on HR, FOA, 2013, paras. 14, 15 and 19; Report of the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association. A/HRC/20/27, 21 May 2012, para. 36; 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. 68.

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