A/HRC/20/27 anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.16 29. Should the organizers fail to notify the authorities, the assembly should not be dissolved automatically (e.g. as in Austria) and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment. This is all the more relevant in the case of spontaneous assemblies where the organizers are unable to comply with the requisite notification requirements, or where there is no existing or identifiable organizer. In this context, the Special Rapporteur holds as best practice legislation allowing the holding of spontaneous assemblies, which should be exempted from prior notification. This is the case for example, in Armenia, Estonia, Germany, the Republic of Moldova and Slovenia. In this connection, the European Court of Human Rights has emphasized that “in special circumstances when an immediate response, in the form of a demonstration, to a political event might be justified, a decision to disband the ensuing, peaceful assembly solely because of the absence of the requisite prior notice, without any illegal conduct by the participants, amounts to a disproportionate restriction on freedom of peaceful assembly”.17 30. In the case of simultaneous assemblies at the same place and time, the Special Rapporteur considers it good practice to allow, protect and facilitate all events, whenever possible. In the case of counter-demonstrations, which aim at expressing discontent with the message of other assemblies, such demonstrations should take place, but should not dissuade participants of the other assemblies from exercising their right to freedom of peaceful assembly. In this respect, the role of law enforcement authorities in protecting and facilitating the events is crucial. 31. With regard to the responsibilities of organizers, the Special Rapporteur is of the opinion that “organizers should not incur any financial charges for the provision of public services during an assembly (such as policing, medical services and other health and safety measures)”.18 He is informed that, in Austria, there are no fees to be paid for the protection of assemblies.19 Most importantly, “assembly organizers and participants should not be considered responsible (or held liable) for the unlawful conduct of others… [and, together with] assembly stewards, should not be made responsible for the maintenance of public order”.20 The Special Rapporteur considers as a good practice, when necessary, the use of stewards appointed by the organizers of an assembly, i.e. persons who provide assistance to them by, inter alia, informing and orienting the public during the event. Stewards should be clearly identifiable and properly trained. 32. The Special Rapporteur notes the increased use of the Internet, in particular social media, and other information and communication technology, as basic tools which enable individuals to organize peaceful assemblies. However, some States have clamped down on these tools to deter or prevent citizens from exercising their right. In this connection, the Special Rapporteur refers to a recent report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, in which he recommended, inter alia, that “all States [should] ensure that Internet access is maintained at all times, including during times of political unrest” (A/HRC/17/27, para. 79) and “any determination 16 17 18 19 20 As of May 2012, the law is the subject of an appeal before the Swiss Federal Tribunal. European Court of Human Rights, Bukta and Others v. Hungary, application No. 25691/04 (2007). “Special circumstances” refer to cases when “an immediate response to a current event is warranted in the form of a demonstration”. See submission by the OSCE/ODIHR Panel of Experts to the addendum to the present report. See the submission of the Austrian national human rights institution. See submission by the OSCE/ODIHR Panel of Experts. 9

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