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9. DEFINITIONS
ASSEMBLY
An intentional, temporary gathering in a private or public space for a particular
purpose. Assemblies may take the form of demonstrations, meetings, pickets during
strikes, processions, rallies or sit-ins organized for the purpose of celebrating or
voicing grievances or aspirations.120 The term also encompasses other public
gatherings, such as concerts or sporting events. An assembly may be peaceful or
may involve acts of violence or rioting.
CUSTODIAL SETTING
Where a person is detained, imprisoned or institutionalized in a public or private
institution, by order or under the de facto control of a judicial, administrative or
other authority, and is not permitted to leave at will.121 This includes detention on
a ship or other maritime vessel in the context of maritime law enforcement. Those
responsible for securing and protecting detainees are known as “custodial staff”.
DETENTION
Covers situations where a law enforcement official apprehends or holds an individual
against his or her will, including during or following an arrest. It is a broader notion
than custody. Detention includes situations where an individual is held against his
or her will in a vehicle, such as a police car or van. Keeping a person in a police
cordon for a prolonged period is also likely to amount to detention.
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. 10.
121
Inter-American Commission on Human Rights, Revision of the United Nations Standard
Minimum Rules for the Treatment of Prisoners (UNODC/CCPCJ/EG.6/2014/INF/2), p. 3.
120
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