organize a public assembly on a road, they must obtain authorization from the
responsible authority. In the process of issuing the authorization, the responsible
authority needs to establish whether the organizer provided adequate measures to
ensure order; safety of the participants, other people, and the public in general; and
traffic safety.131 ODIHR’ s Guidelines on Freedom of Peaceful Assembly go into greater
detail on this issue, describing practices aimed at ensuring that organizers and authorities
work together to ensure that freedom of peaceful assembly is respected and protected.132
Providing adequate protection
Because of the nature of their message, defenders often have to deal with counterprotesters during assemblies that they have organized. Some of these can be
extremely violent, thus hindering their freedom to assemble peacefully.
As ODIHR’ s Guidelines on Freedom of Peaceful Assembly point out, under OSCE
commitments and international human rights law, the state “ has a positive duty to take
reasonable and appropriate measures to enable lawful demonstrations to take place
without participants fearing physical violence” .133 The Guidelines also note that
police protection should be provided and that such protection should be free of
charge.134
In their responses to the questionnaire, several OSCE participating States said that
police protection is provided at assemblies and rallies.135 The government of the
Russian Federation indicated that such protection is provided by public authorities
free of charge.136 Individuals who disrupt assemblies may be punished. In Serbia, for
example, there is a provision in the Criminal Code that states that whoever uses force,
threat, deception, or other means to prevent or hinder a public rally held in accordance
with the law, and unless there is no indication of any other more serious offence, shall
be fined or sentenced to up to one year in prison.137
Sweden: Example of Providing Adequate Protection138
The Göteborg Committee139 submitted its report to the justice minister in January
2002. The committee’ s report, including its criticism of the police methods used
against large gatherings of people, led to the development of special police tactics that
focus on dialogue rather than the use of batons and riot shields.
These tactics comprise several individual components, of which the training of
personnel is the most important. Training covers topics such as mental preparation,
communication, law, spotting danger, and preventing injuries – without the use of
shields and batons. Ethics pervade the entire training process.
131
Slovenia’ s response to ODIHR’ s questionnaire, 1 July 2008.
Guidelines on Freedom of Peaceful Assembly, ODIHR, op. cit., note 5.
133
Ibid., para. 115, p. 56.
134
Ibid., in particular paras. 26-29, pp. 29-30.
135
The Holy See’ s response to ODIHR’ s questionnaire, 30 May 2008; Poland’ s response to ODIHR’ s
questionnaire, 2 June 2008; Germany’ s response to ODIHR’ s questionnaire, 30 May 2008, information
provided by the Canadian Human Rights Commission, 2 June 2008..
136
Russia’ s response to ODIHR’ s questionnaire, 9 July 2008.
137
Serbia’ s response to ODIHR’ s questionnaire, 17 June 2008.
138
Sweden’ s response to ODIHR’ s questionnaire, 9 June 2008.
139
This is an official committee that was established to look into the actions taken by the police during
the 2001 EU summit in Göteborg.
132
31
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