A/HRC/44/50/Add.1
Ordinance, protesters must notify the police officer in charge of the police station closest to
the location of the assembly of their intentions, in writing, six hours in advance of the
proposed gathering. Failure to notify may result in all organizers, promoters and individuals
taking part in the protest being guilty of an offence. He recalls that failure to notify
authorities of an assembly does not render an assembly unlawful, 4 and notes that under this
legislation spontaneous and urgent assemblies are prohibited, in contravention of
international human rights standards.
37.
Article 77 of the Police Ordinance specifies that an assistant superintendent or
officer of a higher grade may prohibit or place “necessary” restrictions on a protest in the
interests of the preservation of public order. Under article 78, police officers may also
direct the conduct of all assemblies and processions in any public place, prescribe the routes
by which and the times at which such processions may pass, and direct all crowds of 12 or
more persons to disperse when they have reason to apprehend any breach of the peace. He
notes that organizers should not be required to negotiate the time, place or manner of an
assembly with authorities, as such requirements would be tantamount to restricting the
planned assembly.5
38.
Chapter VIII of the Penal Code regulates offences against public tranquillity, and
provides an enumerative list of assemblies that may be considered as unlawful.
39.
Department Order No. 19 provides guidance on the management of assemblies. This
is supplemented by IG Circular 2595/2016, which states that measures that may be taken to
disperse unlawful assemblies should necessarily be in terms of the law, proportionate to the
situation that has developed, and purely for the purpose of maintaining law and order and
protecting the society. It also states that the use of force should be the last possible resort,
should be proportionate to the situation that has developed, and should follow the directions
contained in sections 95, 96, and 97 of the Code of Criminal Procedure, which outline the
steps to be taken in the dispersal of unlawful assemblies. Use of force under the Circular
must be graded, using the type of force that is likely to be effective and would cause the
least possible harm to the offenders and others in the vicinity, and it states that it is of the
utmost importance that police officers in the process of protecting law and order do not
intentionally or otherwise infringe upon the fundamental rights of people. The Special
Rapporteur welcomes efforts to ensure that these provisions comply with international
human rights standards and best practices.
40.
The Prevention of Terrorism Act, which was passed in 1979, was planned as a
temporary law. It was only supposed to remain in effect for a period of three years, but it
remains in force today. There has been a long-standing demand for the repeal of this law in
line with the State party’s obligations under Council resolution 30/1, especially by civil
society and United Nations human rights mechanisms. During his discussions, he heard
allegations that the Act was in some cases used against participants in peaceful assemblies
owing to the broad discretionary powers that it confers on police. Provisions under this law
stipulate much harsher penalties than those found under regular criminal law, and bail is
also restricted.
41.
The draft Counter-terrorism Act, submitted to Parliament to replace the Prevention
of Terrorism Act, would empower a police officer, not below the rank of senior
superintendent, to issue directives to the public, without an order of a magistrate, not to
enter or leave any specified area or premises. He expresses his concern, as such directives
may potentially be used to prevent a person from exercising his or her right to freedom of
movement, to prevent journalists from accessing and covering events, or to prevent persons
from protesting at particular sites or marches, for example.
42.
At the time of his visit, the draft Counter-terrorism Act was still before Parliament;
however, its progress had come to a standstill. While the future of the bill is unclear, its
4
5
A/HRC/31/66, para. 23.
A/HRC/23/39, para. 56.
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