173. Human rights defenders participating in non-notified assemblies should not be
subject to criminal or administrative sanctions resulting in fines or imprisonment
solely for their participation in such assemblies.248 Sanctions for failing to comply
with formal legal requirements for assemblies should be proportionate to the gravity of the offense and should be applied in a non-discriminatory manner. Liability
for failing to adhere to any relevant provision of the law should be clearly stipulated. Participating States should ensure that all those charged with administrative or other offences in connection with the exercise of the right to freedom of
peaceful assembly enjoy full due process protections, including immediate access
to a lawyer of their choice and adequate time to prepare their defence. Human
rights defenders who organize peaceful assemblies should not be held responsible
for unlawful acts of other participants at an assembly if they did not cause or otherwise participate in the conduct of those acts.
174. Policing and use of force: Law enforcement officials should avoid the use of force
during assemblies or, if this is not practicable, restrict such force to the minimum
extent necessary.249 The force applied should target only those participants who
engage in violence and should be strictly proportionate. A peaceful assembly does
not automatically turn into a non-peaceful one if a small group of participants, or
non-participants or agents provocateurs, use violence.250 Law enforcement officers policing the assembly must react to such acts in a targeted way without compromising the exercise of the right to freedom of assembly by peaceful participants, for example, by forcibly dispersing an otherwise peaceful assembly.
248
A/HRC/20/27, para. 29.
249 According to the UN Code of Conduct for Law Enforcement Officials, law enforcement officials may use
force only when strictly necessary and to the extent required for the performance of their duty. This means that
the use of force should be exceptional and under no circumstances go beyond what is reasonably necessary. See
UN “Code of Conduct for Law Enforcement Officials”, Adopted by UN General Assembly Resolution 34/169 of 17
December 1979, Article 3. The UN Basic Principles on the Use of Force and Firearms by Law enforcement Officials (hereafter the UN Basic Principles) further stipulate that law enforcement officials, in carrying out their
duty, shall, as far as possible, apply non-violent means before resorting to the use of force, and that they may
use force only if other means remain ineffective. When the lawful use of force is unavoidable, law enforcement
officials shall, among other things, exercise restraint, minimize damage and injury, and ensure that assistance
and medical aid are rendered to any injured or affected person at the earliest possible moment (“UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials”, Adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September
1990, principles 4 and 5). While these principles generally also apply to the use of firearms, the UN Basic Principles further specify that the use of firearms against persons should never be permissible except in self-defence or defence of others to protect life or to prevent serious bodily harm (principle 9). As regards excessive
use of force see also, for example, UN Committee against Torture, “Concluding Observations on Greece” (UN
Doc. CAT/C/GRC/CO/5-6, 27 June 2012, para. 11), where the Committee expressed concern at continuing allegations of excessive use of force by law enforcement officials, often related to policing of demonstrations and
crowd control. The Committee urged the state party to take immediate and effective measures to ensure that
law enforcement officials only use force when strictly necessary and to the extent required for the performance
of the duty. See also “Concluding Observations on Canada” (UN Doc. CAT/C/CAN/CO/6, 25 June 2012, para. 22),
where the Committee expressed concern about reports of excessive use of force by law enforcement officers
often in the context of crowd control at federal and provincial levels. The Committee recommended the state
party to strengthen its efforts to ensure that these allegations are promptly and impartially investigated, and
that those responsible for such violations are prosecuted.
250 OSCE/ODIHR-Venice Commission Guidelines, para. 164.
84
Guidelines on the Protection of Human Rights Defenders
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