A/HRC/22/28 58. The Commonwealth Secretariat26 advocates that police present during protests should apply the principles of proportionality, legality, accountability and necessity (PLAN). The Special Rapporteur on the rights to freedom of peaceful assembly and of association expressed the view that organizers of protests should not incur any financial charges for the provision of public services during an assembly, nor should assembly organizers and participants be considered responsible (or held liable) for the unlawful conduct of others or made responsible for the maintenance of public order. 27 Investigations of violence and accountability 59. The National Human Rights Commission of India and the South African Human Rights Commission both indicated that their role is to investigate and make findings and recommendations when protests result in serious violence, including deaths. They also indicated that their institutions should engage in public dialogue on the issues that lead to demonstrations and human rights issues arising from protest activities. 60. The Malawi Human Rights Commission stated that it had conducted an investigation into demonstrations in July 2011 that had turned violent and resulted in the death of 19 people as well as destruction of property. The Ombudsman of Venezuela (Bolivar Republic of) indicated that it tries to mediate conflicts arising from peaceful protests and makes recommendations to the competent bodies of the State for possible action. 61. Physicians for Human Rights urged States to establish fair and transparent accountability mechanisms for security forces who have engaged in the excessive use of force against peaceful protesters, and to conduct impartial and independent investigations of any allegations of harassment or intimidation of protestors. Turkey reported that where the authorities find that a disproportionate use of force is used by security forces during peaceful protests or where such complaints are received, the Ministry of the Interior assigns inspectors to investigate such incidents, in accordance with its “zero tolerance policy towards torture and ill-treatment.” 62. The Russian Federation referred to two bodies created in recent years, which are functioning successfully in identifying human rights violations, including in the context of peaceful protest. Public oversight councils have been established and they communicate cases of serious abuses of human rights that are also the object of attention by civil society organizations. The Public Council of the Russian Ministry of Internal Affairs comprises representatives of the human rights community and addresses cases of human rights abuses. Oman reported that its National Human Rights Institution is monitoring and providing advice on all issues related to human rights violations, including violations of human rights in the context of peaceful protests. 63. Greenpeace addressed the issue of civil disobedience, which it characterizes as deliberate non-compliance with a legal requirement. It argued that legitimate and constructive protest should not always be subject to legal sanction, even if it violates the law. It referred to a case where 46 Greenpeace activists had intentionally violated the law to illustrate that security was inadequate at a nuclear facility in Australia; they were initially convicted of trespass, but on appeal, the convictions were set aside. The presiding judge stated that “[…] it was not the case, in my view, that the objectives and motives of the defendants could have been achieved by demonstrating at the front gate. As has already 26 27 14 Commonwealth Secretariat, Commonwealth Manual on Human Rights Training for Police (London, 2006). See A/HRC/20/27, para. 31.