A/HRC/41/41/Add.4
52.
According to the ad hoc public report of the Human Rights Defender on the events
of July 2016, the existing legislation did not sufficiently regulate the procedures for using
special means.
53.
From the discussions he held, the Special Rapporteur was concerned to hear that the
lack of adequate and legitimate use of special means presented serious concerns regarding
the principles of lawfulness, necessity and proportionality.
54.
Another issue of great concern is the use of detention during and after assemblies
without adequate procedural safeguards and in certain occasions on a mass scale. The
Special Rapporteur was alarmed to learn that in previous years, as a result of taking part in
some demonstrations, a considerable number of peaceful protesters had been arbitrarily
detained and transferred to different detention facilities without access to legal defence or
medical assistance.
55.
The Special Rapporteur is particularly concerned that in response to allegations of
abuse or violations of the right to freedom of peaceful assembly that have been made over
the past 10 years, very few cases have resulted in holding law enforcement officials
accountable and punishable for criminal acts. Moreover, it has been stressed that
investigations are usually slow and proceedings are often terminated without any results or
sanctions.
56.
For instance, the Special Rapporteur was appalled to learn that a criminal case from
July 2016 relating to the obstruction of the professional activities of journalists during the
protests was recently suspended. In addition, he was informed that the investigations of
over 50 criminal cases of police violence and abuse of power during the protests of April
2018 have not progressed.
57.
To ensure accountability, the Special Rapporteur is of the strong view that there is a
need for profound judicial reform to strengthen the judicial authorities, including the ability
and capacity of the Special Investigations Service to investigate, prosecute and sanction
violations of human rights, including those restricting the exercise of the right to peaceful
assembly.
58.
Similarly, with regard to the alleged unlawful detentions which occurred during
protests, the Special Rapporteur urges the authorities to investigate the alleged ill-treatment
of those who were arrested and detained and to hold those responsible to account.
59.
The Special Rapporteur considers it essential that the Government deepen the trust
of the people in their law enforcement authorities, particularly considering the current
juncture in the wake of the Velvet Revolution. He believes that providing training courses
on the principles of necessity and proportionality in the managing of assemblies is a key
step to building this trust.
60.
The Special Rapporteur reiterates that States must establish effective reporting and
review procedures to address any incident in relation to an assembly, during which a
potentially unlawful use of force occurs. A clear and transparent command structure must
be established to minimize the risk of violence or the use of force and to ensure
responsibility for unlawful acts or omissions by officers. Proper record-keeping of
decisions made by commanding officers at all levels is also required. In addition, there
should be a clear system of record-keeping or register of the equipment provided to
individual officers in an operation, including vehicles, firearms and ammunition.
61.
It is also important that the organizers of peaceful assemblies make reasonable
efforts to comply with the law and encourage the peaceful conduct of an assembly.
However, the organizers should not be held responsible for the unlawful behaviour of
others. That would violate the principle of individual liability, weaken trust and cooperation
between assembly organizers, participants and the authorities, and discourage potential
assembly organizers from exercising their rights. No person should be held criminally,
civilly or administratively liable for the mere act of organizing or participating in a peaceful
protest (A/HRC/31/66, para. 26).
8
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