A/HRC/20/27
an association working on gender equality that had been deregistered by the authorities was
successfully overturned by the Constitutional Court.
D.
The right to an effective remedy and accountability for human rights
violations and abuses
77.
States have an obligation to establish accessible and effective complaints
mechanisms that are able to independently, promptly and thoroughly investigate allegations
of human rights violations or abuses in order to hold those responsible accountable. This
not only entails guarantees that the violation be stopped, but also that it will not be repeated
in the future. Specific attention must be paid to members of the groups at risk identified in
paragraph 13.
78.
The Special Rapporteur considers as best practice legislation which provides for
criminal and disciplinary sanctions against those who interfere with or violently disperse
public assemblies through excessive use of force (e.g. Bulgaria, Burkina Faso, Colombia,
Cote d‟Ivoire, Cuba, Estonia, Japan, Kyrgyzstan, Portugal, Republic of Moldova, Serbia
and Spain). More specifically, in Colombia, according to the law, the excessive or arbitrary
use of force against peaceful demonstrators constitutes a grave breach, under the
disciplinary regime for the national police. Similarly, in Portugal, a decree-law foresees
sanctions against authorities who hinder the right to freedom of peaceful assembly, and
article 382 of Criminal Code sets the applicable sanctions in relation to the abuse of power.
79.
In this connection, the Special Rapporteur stresses the importance of police officers
wearing visible identification numbers on their uniforms. As noted by the Hungarian Office
of the Commissioner for Fundamental Rights, during a protest that was violently repressed
in the country, many police officers could not be identified because they did not wear such
identification numbers.
80.
National human rights institutions, which comply with the principles relating to the
status of national institutions for the promotion and protection of human rights (Paris
Principles), can also play a role in receiving and investigating allegations of human rights
violations and abuses (e.g. Malaysia and Portugal). The work of these institutions should be
respected and facilitated by the authorities.
81.
Where the rights to freedom of peaceful assembly and of association are unduly
restricted, the victim(s) should have the rights to obtain redress and to fair and adequate
compensation. Once again, due attention must be paid to victims belonging to the groups
most at risk in this process.
IV. Conclusions and recommendations
82.
The Special Rapporteur reiterates the utmost importance of the rights to
freedom of peaceful assembly and of association, which are cornerstone in any
democracy.
83.
Based on the best practices identified in the foregoing paragraphs, which
should be considered as minimum standards, the Special Rapporteur anticipates that
the recommendations below will guide States in facilitating and protecting the rights
to freedom of peaceful assembly and of association, in law and in practice.
19
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