A/HRC/31/66
95.
In relation to remedy, the State shall provide reparation to victims for acts or
omissions which can be attributed to the State and constitute gross violations of
international human rights law or serious violations of international humanitarian law. 69
Reparation should be proportional to the gravity of the violation and the harm suffered, and
should include elements of restitution, compensation, rehabilitation, satisfaction and
guarantees of non-repetition, as well as access to relevant information concerning violations
and reparation mechanisms.70
96.
Practical recommendations:
(a)
States should ensure in law and practice that law enforcement officials
do not have immunity from criminal or civil liability for cases of misconduct;
(b)
States should establish and fund additional levels of non-judicial
oversight, including an effective internal investigations process and a statutory
independent oversight body. Where there is reason to believe a crime has been
committed, the matter should be immediately referred to the prosecuting authority
for proper and full investigation;
(c)
A law enforcement officer who is under investigation, external or
internal, should not be redeployed into the field until the investigation is complete and
the officer is cleared of wrongdoing;
(d)
States should grant a broad mandate to an independent oversight body
that possesses all competence and powers for effective protection of rights in the
context of assemblies. The mandate should allow the body to investigate complaints
from the public, to accept referrals from police and to initiate investigations itself
where it is in the public interest to do so. The body should investigate all cases of use
of force by law enforcement. The oversight body should have full investigative powers,
and complaints should be dealt with in an objective, fair and prompt fashion,
according to clear criteria;
(e)
States should encourage and facilitate law enforcement agencies to
conduct ongoing non-adversarial peer review of policing operations, if possible by
another law enforcement agency. Such reviews should be conducted in addition to and
do not exclude the State’s obligation to establish independent judicial review
mechanisms for the investigation and sanctioning of human rights violations;
(f)
States should consider the potential of information and communication
technologies, such as body-worn cameras, in contributing towards accountability for
violations by law enforcement personnel in the context of assemblies.
III. Conclusion
97.
Assemblies can play a vital role in the protection and fulfilment of human
rights and the democratic life of society. They should not be viewed as a threat, but
rather as a means of dialogue in which the State should engage. 71 Nonetheless,
ensuring the protection of the full range of rights arising in the context of assemblies
can present challenges.
98.
These practical recommendations provide guidance on how States might fulfil
their obligations to protect and promote human rights in the context of assemblies.
69
70
71
22
Principle 15 of the Basic Principles and Guidelines.
Principle 11 of the Basic Principles and Guidelines.
See Human Rights Council resolution 22/10 and A/68/299, para. 17.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents