A/HRC/22/28 been noted […], one of the major objectives and motives of the appellants was that the woeful security inherent in the facility should be demonstrated in graphic terms.” 28 Good practices contributing to impartiality of the State 64. The impartiality of the State has been identified by the National Human Rights Commission of India as being of central importance in the exercise of the right of peaceful protest. The Commission indicated how, in a variety of situations, a lack of impartiality could adversely affect the right of peaceful protest. For example, the government in power may encourage and even support pro-government demonstrations, but forbid, restrict or disrupt peaceful protest by the political opposition and individuals or groups dissatisfied with government policies and practices. A State may also target persons supporting subjects that are viewed as controversial or incompatible with mainstream values or beliefs, or inflict heavy fines on organizers, participants or opposition leaders who participate in such protests, or subject them to detention or imprisonment. In extreme cases, governments may commit serious human rights violations such as torture or ill treatment of persons in custody, or try to obstruct medical care to those who are injured. 65. A variety of good practices can contribute to addressing lack of impartiality by the State. For instance, national human rights institutions can conduct investigations into a State’s impartiality in a given instance and publicly report on their findings. The South African Human Rights Commission, the Office of the Human Rights Defender of Poland and the Office of the Ombudsman of Bulgaria reported that they play a role in monitoring protests and engaging in dialogue with relevant stakeholders. 66. Adverse decisions of administrative authorities, prohibiting or restricting peaceful protest, should be appealable before independent and impartial bodies, including courts. Media organizations should be allowed to carry out their work freely and to report without restrictions on demonstrations. NGOs and human right defenders have a role to play in monitoring peaceful assemblies and their policing,29 and observers from diplomatic missions, regional and international organizations may also play a role in monitoring demonstrations when the impartiality of the State is put into question. In this respect, OSCE/ODIHR’s Handbook on Monitoring Freedom of Peaceful Assembly (2011) can be used to build capacity. The role of the media 67. Reporters Without Borders stated that the media play a key role during peaceful protests in promoting the full and effective exercise of the right to freedom of peaceful assembly. It underlined that media coverage of demonstrations and public gatherings represented one of the principal reasons for exactions against journalists, and noted an increase in aggressions against journalists in 2011. Detention, questioning or convocation by authorities have been used to restrain the free flow of information, as well as violence, destruction of material, confiscation of recordings, assaults on media offices, expulsions or denial of visas. 68. It recommended that media coverage be recognized as an element of protection of human rights in the context of peaceful protests; that the right to information should not be conditioned on the holding of a press card or press accreditation; that States respect the right to information and recognize the right of journalists to have access to places of public protest, to film and interview; that they have respect for the physical security of journalists 28 29 New South Wales District Court, Regina v. Kirkwood et al., DCZ EF-C, judgement of 15 May 2002, (unpublished), p. 5. See A/HRC/20/27, para. 50. 15

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