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.
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