A/HRC/31/78 4. International standards applying to public assemblies and peaceful demonstrations and to arrests 47. The Independent Expert wishes to remind the authorities that the power to prohibit peaceful demonstrations and assemblies should only be used in exceptional circumstances under international law. More specifically, freedom of expression through assemblies and demonstrations is a fundamental human right whose enjoyment may not be restricted except under exceptional circumstances that are in full conformity with the principles of legality, necessity and proportionality. It is important, under all circumstances, to avoid banning public assemblies or demonstrations based on an overly broad interpretation of what constit utes a threat to law and order. In addition, any such ban should be made known in writing as soon as possible, along with the reasons for it. The practice of informing the population of the reasons for such a ban is conducive to the type of transparency wh ich should characterize decisions taken by public authorities, as well as being instructive and contributing to civic engagement. This also makes it possible, where appropriate, for citizens to exercise their right to have recourse to the legal, administra tive and judicial remedies open to them in as effective a manner as possible. 48. Training to raise awareness about the international standards governing the right to hold public assemblies and demonstrations should be provided to members of law enforcement agencies, who should also receive reminders regarding these standards from superiors on a regular basis. By the same token, the authorities and politicians whose supporters participate in such assemblies and demonstrations should ensure that citizens are aware of their rights and of the extent to which those rights may legally and legitimately be restricted. 49. It is understandable that the trauma experienced by the whole of Ivorian society as a result of the violence that reigned over the past two decades may at times engender an excessive degree of precaution and a tendency to exaggerate potential threats. This may, in its turn, prompt the authorities to prohibit certain assemblies or demonstrations without due cause. The consolidation of the rule of law, which is a goal close to the hearts of all Ivorians, will necessarily entail the adoption of a more temperate attitude by the public authorities and redoubled efforts to uphold the civic and political rights of all persons. 50. Arrests should be made only when they are absolutely necessary to avert serious, imminent threats of danger and in strict observance of the persons ’ rights, which include the right to be held in a known location and for the persons ’ presence there to be duly registered, the right to have access to a lawyer without delay, the right to be promptly brought before a judge and the right to be tried within a reasonable period of time in strict accordance with all due process guarantees. Any and all arrests, regardless of the identity of the arresting authority (police, gendarmerie or the National Surveillance Directorate (DST)), should be conducted in a way that upholds people’s rights and should be closely overseen by public prosecutors and judges within the bounds of their personal, material and territorial jurisdictions. The time limits applying to the duration of police custody should be scrupulously observed under the constant and vigilant supervision of the public prosecutor ’s office. Persons who are convicted and given a custodial sentence by a court of law should be transferred to a prison rather than being held in police or DST custody. 14/23 GE.16-00901