A/HRC/26/36 (g) Special provisions on demonstrations 75. It is widely accepted that it is the task of the police to facilitate and, if necessary, manage peaceful protest. In addition to the general provisions outlined above, three principles deal with the specialized case of policing of assemblies in the Basic Principles.40 In the case of lawful and peaceful assembly, no force may be used.41 If there is good reason to disperse an unlawful assembly that is peaceful, only the minimum force necessary may be used.42 Lethal force clearly has no role to play. The mere fact that some protesters in the crowd are violent does not turn the demonstration as a whole into a non-peaceful assembly.43 In violent assemblies (that are both unlawful and not peaceful) minimum force should also be used, and firearms may be used only in accordance with Principle 9. Indiscriminate fire into a crowd is never allowed.44 (h) Special provisions on people in custody or detention 76. Law enforcement officials, in their relations with persons in custody or detention, are required not to use firearms except in self-defence or defence of others “against the immediate threat of death or serious injury, or when strictly necessary to prevent the escape of a person in custody or detention presenting the danger referred to in Principle 9”.45 (i) Requirements after the use of force 77. In addition to the need for accountability, medical assistance must be provided to injured persons after the use of force or firearms by law enforcement,46 and relatives or close friends of injured or affected persons must be notified at the earliest possible moment.47 The Code and Basic Principles provide that effective reporting and review procedures must be established to address any incident in which a potentially unlawful use of force occurs.48 2. Accountability 78. The procedural component of the right to life requires that States investigate apparently unlawful or arbitrary killings.49 States are obliged, under article 2(3) of the International Covenant on Civil and Political Rights, to “ensure that any person whose rights or freedoms… are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in official capacity”. States parties are required to ensure that all persons shall have the right for a remedy to be determined by a competent authority and for the authority to enforce remedies when granted.50 40 41 42 43 44 45 46 47 48 49 50 The heading “policing of unlawful assemblies” is not appropriate since lawful assemblies are also covered. Principle 12. Principle 13. A/HRC/17/28. Geneva Academy, Facilitating Peaceful Protests, Geneva, 2014, p. 21. Principle 16. Principle 5(c) and art. 6, with commentary, of the Code. Principle 5(d). Principle 22 and art. 8, with commentary, of the Code. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (see footnote 14 above). Universal Declaration of Human Rights, art. 8; International Covenant on Civil and Political Rights, art. 2(3)(b) and (c); and Human Rights Committee General Comments No. 31 (2004). 13

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