A/HRC/11/2
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58. It is also important for the problems surrounding the persecution and killing of witches to
be reflected in the guidelines and operational programmes of development agencies working in
countries in which there is a significant level of belief in witchcraft. In addition to providing
education and practical programmes to address the situation, protection should be arranged for
individuals accused of witchcraft and who are at risk of retribution or even death outside the
framework of the law.
59. The relevant legal authorities in States should examine carefully, and with an open mind,
claims by asylum-seekers and others to be actual or potential victims of witchcraft-related
practices and of community responses thereto.
D. The use of lethal force in the process of policing public assemblies
60. The use of lethal force by law-enforcement officials59 is an issue that arises frequently in
my communications with Governments.60 While challenges arise in diverse contexts, the
policing of assemblies seems to be especially problematic. A survey of the communications sent
between 2005 and 2008 reveals the ubiquitous nature of this issue. These communications
consistently raise certain underlying issues, including the lack or inadequacy of laws and
regulations governing the use of force by police; general rules or training for law enforcement on
the dispersal of assemblies; specific instructions and/or guidance given to law enforcement
dispersing assemblies; non-lethal incapacitating weapons for law enforcement; investigations
and judicial or other inquiries into allegations of misconduct; disciplinary actions or
prosecutions; penal or administrative sanctions; reparations or compensation for victims or their
families; and public accountability in terms of the publication of results of investigations.
61. To be sure, the challenges involved in policing assemblies are complex. Balancing the
need to maintain order with the need to respect the right to life, freedom of expression and the
right to assemble peacefully presents a unique set of difficulties for States. It is proposed that a
detailed study be undertaken to identify the principal problems experienced in relation to
policing assemblies in the past and to recommend best practices that might be taken into account
by Governments in the future. These challenges deserve more sustained analysis than they have
received to date within the international human rights regime.
1. The international human rights framework
62. Article 6 of the International Covenant on Civil and Political Rights provides that no one
should be arbitrarily deprived of his or her life. Article 3 of the Code of Conduct for Law
Enforcement Officials,61 and principle 9 of the Basic Principles on the Use of Force and
59
The term “law-enforcement officials” includes all Government officials exercising “police
powers”, and sometimes includes “military authorities”, “security forces” and police officers.
60
A/61/311, paras. 33-45.
61
General Assembly resolution 34/169.
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