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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents