A/HRC/22/28 peaceful assemblies should not be detained even in cases when regulatory authorities and organizers do not reach an agreement about the time, place and manner of the event. Peaceful protests should be allowed to be held in front of their intended audience and with maximum publicity. The procedure for obtaining the consent of the regulatory authorities, including with respect to the time and place of the protest, should not be used as a tool to frustrate the purpose of such demonstrations. 47. With regard to protests notified to the Copenhagen police, the Danish Institute for Human Rights indicated that the police initiates dialogue with the organizers prior to the scheduled date to ensure the protest will proceed peacefully. The Zimbabwe Human Rights NGO Forum supports legal reform efforts to transfer the power to ban demonstrations from the police to the courts, and to remove the obligation for demonstrators to carry identity cards. 48. In their jurisprudence, regional courts have addressed the issue as to whether peaceful protests can be restricted if they take place in public areas or on public roads that are used intensively. The argument that closing public roads for demonstrations would cause undue inconvenience to others was rejected by the European Court of Human Rights. The Court stated that “any demonstration in a public place inevitably causes a certain level of disruption to ordinary life, including disruption of traffic, and that it is important for the public authorities to show a certain degree of tolerance towards peaceful gatherings if the freedom of assembly guaranteed by article 11 of the Convention is not to be deprived of all substance.”22 The European Court of Justice reached a similar conclusion in a case where a protest on a major transit route through the Alps resulted in the effective closure of the motorway for almost 30 hours. 23 The Inter-American Commission on Human Rights (IACHR) also arrived at a similar conclusion. 24 Role of authorities, in particular the police, during peaceful protests 49. The Danish Institute for Human Rights reported that the Copenhagen police has initiated social media communication as of 2012, and updates protestors and participants in public events via Facebook and Twitter with information related to the protest or event. Australia reported that police functions in the context of peaceful protests are conducted in a manner that respects human rights and freedoms. 50. Montenegro stated that the police maintains communication and cooperates with the organizers of a peaceful protest during the event, as well as with other entities involved, such as agencies providing physical or health protection or the media. Madagascar stressed the role of the Ministry of Internal Security and the Police in guaranteeing the free exercise of constitutionally guaranteed fundamental freedoms, including peaceful protest. Law enforcement forces ensure compliance with rules regarding peaceful protests, while maintaining public order before, during and after protests. 51. The Australian Castan Centre for Human Rights Law argued that police should wear identification at all times so that there may be some recourse if they use disproportionate force. It underlined that police should be given guidance in appropriate crowd control mechanisms. The Centre raised the issue of police response to civil disobedience. Recalling the historical importance of civil disobedience as a form of protest, even though it may not 22 23 24 12 ECtHR, Sergey Kuznetsov v. Russia, Application No. 10877/04, judgement of 23 October 2008, para. 44. European Court of Justice, Eugen Schmidberger v. Republic of Austria, Case C-112/00, judgement of 12 June 2003. Organization of American States, IACHR, Report on Citizen Security and Human Rights, 31 December 2009 (OEA/Ser.L/V/II), para. 193.