A/HRC/19/40
the competent institutions of the State had a duty to design operating plans and procedures
that would facilitate the exercise of the right of assembly.
20.
Mr. Canton pointed out that IACHR considered that the purpose of regulating the
right to peaceful assembly could not be to create the basis for prohibiting the meeting or the
demonstration. On the contrary, regulations requiring, for example, advance notice, existed
for the purpose of informing the authorities so that they could take measures to facilitate the
exercise of the right without significantly disturbing the normal activities of the rest of the
community.
21.
Mr. Canton stressed that public protests could only be limited in order to prevent
serious and imminent risks for the safety of the persons involved or third persons and only
after attempting to prevent the supposed risk by changing the original condition of the
protest; for example, by changing the time at and date on which it would take place. In
order to prevent an inadequate intervention in a public protest by State forces – which could
result in violation of human rights – the State had the duty to guarantee that police forces
were aware of their rules of conduct and had the professional training needed to perform in
situations involving mass concentrations of people, so as to create the conditions that would
enable those events to unfold in accordance with the established regulations and without
infringing upon other human rights.
22.
IACHR had highlighted that if it became necessary to intervene in a protest because
violence had occurred, it should be the exclusive competence of the police forces, duly
trained, to control the situation and never of the armed forces; and if it became necessary to
resort to physical means to face disturbances of public order, the members of the State’s
armed forces and security bodies would use only those means that were indispensable to
controlling the situation in a rational and proportional manner, and respecting the rights to
life and to humane treatment. In its report on the situation of human rights defenders in the
Americas,1 IACHR listed a series of administrative controls that should be established by
States to ensure only exceptional use of force in public demonstrations, in cases where it
was necessary, through measures for planning, prevention and the investigation of cases in
which an abuse of force might have occurred.
23.
IACHR considered that when it became necessary to impose restrictions on that
form of expression, the State should conduct a rigorous analysis of the interests it intended
to protect by way of the restriction, taking into account the high level of protection merited
by the right to assembly and the freedom of expression as rights that gave form to citizen
participation and the oversight of State actions in public matters. Although on certain
occasions the exercise of the right of assembly might affect the routine of a place or other
rights that deserved protection from the State, such as freedom of movement, the
Commission considered that those alterations were part of the mechanics of a pluralistic
society, where diverse interest coexisted, which could sometimes contradict each other, but
that had to be able to find the spaces and channel to express themselves. Lastly, the
Commission was aware of the increasing use of criminal law against those who participated
in public protests and who were accused of perturbing the public order or even of
perpetrating other crimes, when in reality they were asserting their rights in a peaceful
manner.
1
IACHR, document OEA/Ser.L/V/II.124, Doc. 5 rev.1, para. 68. Available from
www.cidh.oas.org/countryrep/Defenders/defenderstoc.htm.
7
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