A/HRC/32/36/Add.1 community or political leaders should not be subject to criminal or administrative sanctions resulting in fines or imprisonment.6 22. The Special Rapporteur welcomes the fact that Chilean law does not impose responsibility upon assembly organizers for the violent behaviour of others, in accordance with international human rights norms and standards. There was an attempt under the previous Government administration to introduce such responsibility in the domestic legal framework, but it was defeated in Congress. 23. In general, the Special Rapporteur notes, from his meetings with national and local authorities, that assemblies have reportedly been routinely permitted in the last few years. However, he cautions that there is no guarantee of that in the future, as the decree gives the authorities the power to curtail peaceful assemblies, which could be used by future, less human rights-friendly regimes. Therefore, he urgently calls upon the Government of Chile to repeal Supreme Decree No. 1086 so as to bring its legal framework governing the exercise of the right to freedom of peaceful assembly in full compliance with international human rights norms and standards. The Special Rapporteur firmly believes that the decree is a remnant of Chile’s past that has no place in the Chile of today. He hopes that the necessary political support will be marshalled to repeal this decree, which can be done by an executive order. Any legislation to replace Supreme Decree No. 1086 should be in line with international human rights norms and standards. The Special Rapporteur is available to provide technical assistance in this regard. B. Management of protests 1. Police protocols 24. The practical management of protests is governed by a series of police protocols aimed at maintaining public order, which, thanks to public pressure — notably from INDH —, were made public in August 2014. 7 According to the police, these protocols mainly guide the work of police special forces that are usually deployed during assemblies. They contain a series of positive principles that seek to facilitate and protect protests, but also present a number of problematic points that need to be addressed. Definitions 25. The protocols differentiate between lawful and unlawful assemblies. They deem an assembly lawful if: (i) an authorization was previously granted or if it occurs on a spontaneous basis; and (ii) if it unfolds quietly, securely and with respect for the police authority. The Special Rapporteur again stresses that an authorization regime should not govern the exercise of the right to freedom of peaceful assembly, but he welcomes the recognition of spontaneous assemblies in the protocols. He is concerned, however, that it is the head of police operations who is responsible for identifying the legality or illegality of a demonstration based on the degree of peace and respect displayed and also decides on the degree of force required to preserve public order. 8 The Special Rapporteur considers that such a broad definition leaves room for arbitrary interpretations. 6 7 8 6 See A/HRC/23/39, para. 51; also A/HRC/31/66, para. 23. See Carabineros de Chile, Protocolos para el mantenimiento del orden público (Police protocols for maintaining public order), March 2013. Available in Spanish only at www.indh.cl/wpcontent/uploads/2014/08/PROTOCOLO-PARA-EL-MANTENIMIENTO-DEL-ORDENPUBLICO.pdf. Ibid., protocol 1.1.