A/HRC/41/41/Add.4
B.
1.
Challenges and good practices
Management of assemblies
44.
The proper management of assemblies requires the protection and enjoyment of a
broad range of rights by all the parties involved. Those who take part in assemblies have a
number of protected rights, including the rights to freedom of peaceful assembly,
expression, association and belief; participation in the conduct of public affairs; bodily
integrity, which includes the rights to security, to be free from cruel, inhuman or degrading
treatment or punishment, and to life; dignity; privacy; and an effective remedy for all
human rights violations (A/HRC/31/66, para. 8).
45.
The powers of the police to impose restrictions on assemblies, including
spontaneous and urgent assemblies, is governed by the law on assemblies and the law on
the police of 2001. Government decree No. 151-N of 11.01.2007 “on approving the
procedure for police patrol service” and other normative and departmental acts, provide
legal grounds for law enforcement action.
46.
The Special Rapporteur agrees that over time, the action of law enforcement
officials has improved in the management of assemblies throughout the country and that
during the massive demonstrations in April and May 2018, a good level of dialogue and
negotiations between the police and the organizers or participants were observed.
47.
In that regard, the Special Rapporteur notes that a course entitled “Clarifications on
the law on freedom of assembly and the powers of the police during assemblies” is taught
at the professional development department of the Police. He was also informed that the
management of assemblies is a programme that is regularly offered by the legal department
of the police academy to middle-level and senior groups of police officers, community
police and other officials. In addition, lectures, seminars, group discussions and analyses of
case scenarios related to the right to freedom of assembly are also offered, with the aim of
developing negotiation and persuasion skills and thereby limiting the use of physical force,
“special means” and firearms.
48.
According to the law on the police, special means are part of the police gear used in
case officials need to use coercive measures against those engaged in assemblies when a
certain level of violence is perceived. They include rubber truncheons, cartridges with
rubber bullets, diversionary flash and acoustic means, means to dismantle barriers and to
forcibly stop people and vehicles, electroshock weapons, triggered spark dischargers,
service dogs, water cannons and armoured vehicles, which are used under the criteria
established by order No. 09-N of 20 April 2012 of the Minister of Health.
49.
The Special Rapporteur was informed that in some instances, the police limited the
exercise of this right, putting an end to peaceful demonstrations without reasonable cause
by forcibly taking participants to police stations or by dispersing them or their leaders using
disproportionate force. In addition, he received allegations of a disproportionate police
presence at some assemblies and the presence of plain-clothes police officers during
peaceful gatherings.
50.
For instance, during the 2015 protests against higher electricity bills, known as the
Electric Yerevan Movement, the Special Rapporteur learned that the police used water
cannon and beat protesters with truncheons and shields or suffocated them by using their
arms. He also learned that they forcibly arrested over 200 protesters and assaulted over a
dozen journalists who were present at the site and destroyed their equipment, including
cameras and mobile phones.
51.
The Special Rapporteur also heard allegations of unprecedented and
disproportionate use of force during the assemblies held in July 2016. The police reportedly
used flash grenades and acoustic flash grenades against the protesters, reporters, and
individuals who were not participants but passers-by and residents of nearby buildings. As
a result of the violence and clashes and the application of special means during the
assemblies, in particular in the Sari Tagh neighbourhood, 72 individuals, including police
officers and children, sought medical assistance in health-care facilities.
7
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