A/HRC/41/35/Add.1
Social protest and demonstrations
84.
The Special Rapporteurs call upon the relevant authorities to:
(a)
Ensure that the exercise of the right to peaceful assembly is ensured at
all times during protests and that the rights to life, to humane treatment and to
individual liberty are protected;
(b)
Develop policies, strategies and special training focused on negotiation
techniques and peaceful conflict resolution, as well as law enforcement manoeuvres
for responding to potential riots and disturbances with minimal risk to the lives and
safety of civilians and police officers;
(c)
Adequately and effectively prevent, investigate and punish unnecessary
and excessive use of force by law enforcement officers, showing greater rigour when
the force has been directed against vulnerable groups, taking account of the historical
discrimination against them on the basis of their ethnicity, race, sex or sexual
orientation, among other grounds;
(d)
Adopt measures to prevent undue judicial harassment of demonstrators
and human rights defenders, such as protocols and training for court officials.
Reparations
85.
The Special Rapporteurs call upon the relevant authorities to establish
individual reparation measures aimed at providing restitution, compensation or
rehabilitation to victims, as well as general measures of satisfaction and guarantees of
non-repetition for the broad range of violations of freedom of expression in the last
decade. The measures of reparation should include:
(a)
The acknowledgement, through public statements by the most senior
government officials, of the legitimacy and value of the work of journalists and the
repudiation at all times of crimes committed against them;
(b)
The enactment by the National Assembly of a transition provision in the
amendment of the Organic Law on Communications to establish a process for
reviewing the application of penalties by the Superintendency of Information and
Communication;
(c)
The enactment of an amnesty law for media professionals, human rights
defenders and political leaders who have been subject to persecution by the
authorities;
(d)
The implementation of memory and truth processes aimed at ensuring
that victims of criminal prosecution resulting from the exercise of the right to freedom
of opinion and expression are aware of the truth of what happened, including the role
of the various judicial bodies involved in their respective cases;
(e)
The addressing, as a priority, of the petitions and cases submitted to the
Inter-American Commission on Human Rights by victims of alleged violations such as
those referred to in the present report, and participation without delay in the friendly
settlement mechanisms requested by those victims.
19
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