A/HRC/32/36/Add.2
with participants’ ability to assemble within sight and sound of their intended audience. The
barricades are also used to isolate assembly participants from each other and the public,
such as during the Sewol ferry protests.
36.
The Police Agency explained that bus barricades are used in cases where there is a
high risk of physical clashes between the police and demonstrators. It is not clear how the
risk is assessed and there is no proof that blocking off protest routes de-escalates tensions
rather than increasing them.
37.
The Special Rapporteur is unconvinced that the use of bus barricades meets the
necessity and proportionality requirements under article 21 of the International Covenant on
Civil and Political Rights. Bus barricades are antithetical to the obligation of the authorities
to facilitate assemblies. They are not used reactively to manage the conduct of participants,
but rather pre-emptively to interfere with the right to freedom of peaceful assembly. That
illustrates a prior intention to restrict the free flow of assemblies.
38.
Further, the Special Rapporteur wishes to stress that policing assemblies is a
demanding task that requires the utmost experience, training and skill. The use of relatively
inexperienced, conscripted youth on the front lines of any protests is therefore ill-conceived
and potentially dangerous to participants, police and the public. A central tenet of the State
obligation to facilitate and respect the rights to peaceful assembly is to ensure that those
involved in protecting the exercise of those rights both understand and execute their role in
accordance with international human rights standards.
4.
Investigation and penalization
39.
The Special Rapporteur learned of numerous actions by authorities in the aftermath
of gatherings that create a chilling effect on the exercise of the rights to peaceful assembly.
They included investigations and arrests of large numbers of participants, the indictment of
hundreds of participants for the criminal offence of general obstruction of traffic,
prosecution of assembly organizers for allegedly inciting violence and civil suits pursued
against them for compensation and damages. Organizers can also be held liable for
damages caused by the unlawful behaviour of others. That places an onerous and
unreasonable responsibility on organizers (see A/HRC/31/66, para. 26).
40.
The case of Park Lae-goon exemplifies the intimidation and harassment that the
organizers of peaceful protests face. Park is a member of Coalition 4.16, which consists of
families and supporters of the victims of the Sewol ferry disaster. He was indicted on
charges of organizing an unlawful protest, the destruction of public goods, general
obstruction of traffic and defamation, among others. On 22 January 2016, the Seoul Central
District Court sentenced Mr. Park to three years’ imprisonment with four years’ probation
and 160 hours of community service. He has appealed the decision.
41.
Following the “peoples’ rally” co-organized by the Korean Confederation of Trade
Unions in November 2015, police reportedly began investigations of hundreds of
Confederation members, some of whom have been charged. The president of the
Confederation, Han Sang-gyun, was charged with offences related to the obstruction of
public duty, injury to public officials, the destruction of public goods, and obstruction of
traffic among others. He is currently undergoing trial.
42.
Charging assembly participants with certain criminal offences, such as the general
obstruction of traffic, de facto criminalizes the right to peaceful assembly. Where large
numbers of participants turn out, it is virtually impossible to keep roads entirely clear, but if
individuals spill over onto the roads they may be charged with obstructing the traffic. The
choice to prosecute at all, and even more to charge participants with the serious offence of
general obstruction of traffic, conveys a desire by the authorities to discourage assemblies
on roads. The Special Rapporteur reiterates that assemblies are an equally legitimate use of
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