9. Requiring protesters to give notification of a planned demonstration may not necessarily be a violation of the right,932 although spontaneous demonstrations should also be permitted.933 So a requirement that applications be made for permits 15 days before the planned demonstration, applications which were often denied, and which imposed restrictions on the use of flags, among other things, was found to be a violation of the ICCPR.934 10. The right to ‘peaceful assembly’ is protected, although the right will not necessarily be lost if there are isolated incidents of violence.935 11. Law enforcement officials should ‘avoid the use of force or, where that is not practicable, restrict such force to the minimum extent necessary’ if assemblies are ‘unlawful but non-violent’.936 12. Where assemblies are violent, firearms can be used ‘only when less dangerous means are not practicable and only to the minimum extent necessary’. 937 13. The indiscriminate use of legal force against a crowd is prohibited under all circumstances.938 14. States should make protective equipment and non-lethal weapons available to law enforcement officers and provide them with the appropriate training. 939 15. The protection of the right of assembly of one group cannot be used as a justification for curtailing the right of assembly of another.940 The right of association, or the right to form political organisations 16. The right of freedom of association is vital to the functioning of democratic societies. Social development and democracies in particular are furthered by the joining together of individuals with a common purpose within groups to bring about change. From the trade union movement to environmental protection, this has all been achieved through associations. 17. Individuals will be exercising their right to freedom of association where they come together on a voluntary basis to further a common interest. Political parties are classic examples of associations, and as they are essential to the 932 Communication 412/1990, Auli Kivenmaa v. Finland, CCPR/C/50/D/412/1990. See also Human Rights Committee, UN.Doc.A/56/40, vol.I, p.82. 933 European Court, Bukta and Others v. Hungary, 17 July 2007, para. 32 934 In respect of Belarus, UN Doc.A/53/40, Vol.I, p.29. 935 A/HRC/17/28, para 42. European Court, Zilberberg v. Moldova, 4 May 2004, and Ezelin v. France, 26 April 1991. 936 Basic Principles on the use of Force and Firearms by Law Enforcement Officials, principle 13. See also European Court, Nurettin Aldemir v Turkey, 18 Dec 2007. 937 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principle 14. 938 Resolution, Human Rights Council, Promotion and protection of human rights in the context of peaceful protests, A/HRC/RES/25/38, 11 April 2014, para 11. 939 Ibid, paras 13 and 14. 940 European Court, Ollinger v Austria, 29 June 2006. 148

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