A/HRC/26/36
(g)
Special provisions on demonstrations
75.
It is widely accepted that it is the task of the police to facilitate and, if necessary,
manage peaceful protest. In addition to the general provisions outlined above, three
principles deal with the specialized case of policing of assemblies in the Basic Principles.40
In the case of lawful and peaceful assembly, no force may be used.41 If there is good reason
to disperse an unlawful assembly that is peaceful, only the minimum force necessary may
be used.42 Lethal force clearly has no role to play. The mere fact that some protesters in the
crowd are violent does not turn the demonstration as a whole into a non-peaceful
assembly.43 In violent assemblies (that are both unlawful and not peaceful) minimum force
should also be used, and firearms may be used only in accordance with Principle 9.
Indiscriminate fire into a crowd is never allowed.44
(h)
Special provisions on people in custody or detention
76.
Law enforcement officials, in their relations with persons in custody or detention,
are required not to use firearms except in self-defence or defence of others “against the
immediate threat of death or serious injury, or when strictly necessary to prevent the escape
of a person in custody or detention presenting the danger referred to in Principle 9”.45
(i)
Requirements after the use of force
77.
In addition to the need for accountability, medical assistance must be provided to
injured persons after the use of force or firearms by law enforcement,46 and relatives or
close friends of injured or affected persons must be notified at the earliest possible
moment.47 The Code and Basic Principles provide that effective reporting and review
procedures must be established to address any incident in which a potentially unlawful use
of force occurs.48
2.
Accountability
78.
The procedural component of the right to life requires that States investigate
apparently unlawful or arbitrary killings.49 States are obliged, under article 2(3) of the
International Covenant on Civil and Political Rights, to “ensure that any person whose
rights or freedoms… are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in official capacity”. States parties are
required to ensure that all persons shall have the right for a remedy to be determined by a
competent authority and for the authority to enforce remedies when granted.50
40
41
42
43
44
45
46
47
48
49
50
The heading “policing of unlawful assemblies” is not appropriate since lawful assemblies are also
covered.
Principle 12.
Principle 13.
A/HRC/17/28.
Geneva Academy, Facilitating Peaceful Protests, Geneva, 2014, p. 21.
Principle 16.
Principle 5(c) and art. 6, with commentary, of the Code.
Principle 5(d).
Principle 22 and art. 8, with commentary, of the Code.
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions (see footnote 14 above).
Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights,
art. 2(3)(b) and (c); and Human Rights Committee General Comments No. 31 (2004).
13
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