A/HRC/22/28
other media professionals and bloggers, do so without fear of intimidation, legal and
physical harassment and violence. In this regard, the State has an obligation to protect them.
17.
States have the obligation to ensure that law enforcement officials are sufficiently
trained and equipped, particularly with regard to crowd control and the use of force. In this
regard, reference should be made to the comprehensive work carried out by the
Organization for Security and Co-operation in Europe Office for Democratic Institutions
and Human Rights (OSCE/ODIHR) and its Panel of Experts on Freedom of Peaceful
Assembly.
18.
Human rights defenders coalitions, national, regional and international networks for
communication of information, monitoring groups and support groups that could provide a
safe haven should be promoted and strengthened. These groups can provide protection for
peaceful protesters as well as those monitoring peaceful protests.
19.
Any reported excessive use of force or other human rights violations in the context
of peaceful protests should be investigated and prosecuted promptly, impartially and in an
independent manner, in order to bring perpetrators to justice. This not only entails
guarantees that the violation be addressed, but also that it will not be repeated in the future.
Where human rights in the context of peaceful protests are unduly restricted, the victim(s)
should have the right to obtain redress and to fair and adequate compensation. Specific
attention must be paid to victims belonging to the groups most at risk in this process.
20.
In his contribution to this report, the Special Rapporteur on extrajudicial, summary
or arbitrary executions made reference to article 6, paragraph 1, of the International
Covenant on Civil and Political Rights regarding the right to life, and recalled that in its
general comment No. 6 (1982) on the right to life, the Human Rights Committee considers
that States parties should take measures to, inter alia, “prevent arbitrary killing by their own
security forces.” In its view, the deprivation of life by the authorities of the State is a matter
of utmost gravity, therefore, the law must strictly control and limit the circumstances in
which a person may be deprived of his life by such authorities (para. 3). Moreover, the
Special Rapporteur referred to the Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials,9 in particular principles 9, 12, 13 and 14, and to the Code of
Conduct for Law Enforcement Officials10 which provides an interpretation of the limits on
the conduct of law enforcement forces.
21.
The Special Rapporteur also referred to his report to the seventeenth session of the
Human Rights Council, where he concluded, based on a study of some 76 countries, that
many domestic legal systems do not adhere to international standards in respect of the use
of force during demonstrations (A/HRC/17/28, summary). The Special Rapporteur also
highlighted several interconnected factors that shape a State’s response to protest and the
eventual consequences. The recognition by the State of the right to peaceful assembly, both
at the political and legal levels, is a crucial element. When the right to peaceful assembly is
suppressed, there is a higher risk for demonstrations to escalate and turn violent. However,
thorough respect by the State of the right to peaceful assembly offers the opportunity to
defuse tensions and avoid negative consequences, such as potential loss of life.
22.
In his report, the Special Rapporteur also underlines the need for greater codification
of international law applicable to demonstrations, recommending that “the basic principles
for managing demonstrations should be elaborated more clearly, so as to set out the
international law standards applicable to demonstrations (non-violent and violent; legal and
9
10
Adopted by the eighth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, 27 August to 7 September 1990.
Adopted by General Assembly resolution 34/169 of 17 December 1979.
7
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