A/HRC/31/66
58.
The proportionality requirement sets a ceiling on the use of force based on the threat
posed by the person targeted. This is a value judgement that balances harm and benefit,
demanding that the harm that might result from the use of force is proportionate and
justifiable in relation to the expected benefit.
59.
The principles of necessity and proportionality apply to the use of all force,
including potentially lethal force. Specific rules apply to the use of firearms for law
enforcement, also during assemblies. 44 Firearms may be used only against an imminent
threat either to protect life or to prevent life-threatening injuries (making the use of force
proportionate). In addition, there must be no other feasible option, such as capture or the
use of non-lethal force to address the threat to life (making the force necessary).
60.
Firearms should never be used simply to disperse an assembly; indiscriminate firing
into a crowd is always unlawful (see A/HRC/26/36, para. 75). Intentional lethal use of force
is only lawful where it is strictly unavoidable to protect another life from an imminent
threat; this is sometimes referred to as the protect life principle (ibid., para. 70).
61.
Dispersing an assembly carries the risk of violating the rights to freedom of
expression and to peaceful assembly as well as the right to bodily integrity. Dispersing an
assembly also risks escalating tensions between participants and law enforcement. For these
reasons, it must be resorted to only when strictly unavoidable. For example, dispersal may
be considered where violence is serious and widespread and represents an imminent threat
to bodily safety or property, and where law enforcement officials have taken all reasonable
measures to facilitate the assembly and protect participants from harm. Before
countenancing dispersal, law enforcement agencies should seek to identify and isolate any
violent individuals separately from the main assembly and differentiate between violent
individuals in an assembly and others. This may allow the assembly to continue.
62.
International law allows for dispersal of a peaceful assembly only in rare cases. For
example, a peaceful assembly that incites discrimination, hostility or violence, in
contravention of article 20 of the International Covenant on Civil and Political Rights, may
warrant dispersal if less intrusive and discriminatory means of managing the situation have
failed. Similarly, while mere inconvenience to others,45 or temporary disruption of
vehicular or pedestrian traffic, are to be tolerated, where an assembly prevents access to
essential services, such as blocking the emergency entrance to a hospital, or where
interference with traffic or the economy is serious and sustained, for example, where a
major highway is blocked for days, dispersal may be justified. Failure to notify authorities
of an assembly is not a basis for dispersal.
63.
Only governmental authorities or high-ranking officers with sufficient and accurate
information of the situation unfolding on the ground should have the authority to order
dispersal. If dispersal is deemed necessary, the assembly and participants should be clearly
and audibly informed, and should also be given reasonable time to disperse voluntarily. 46
Only if participants then fail to disperse may law enforcement officials intervene further.
64.
As part of their responsibility to ensure accountability, 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. 47
65.
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
44
45
46
47
14
Principle 9 of the Basic Principles.
See Inter-American Commission on Human Rights, Report on Citizen Security, para. 198.
See OSCE/ODIHR, Guidelines, para. 168.
Principle 22 of the Basic Principles, and article 8, with commentary, of the Code of Conduct.
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