A/HRC/32/36/Add.2 assemblies as the rule and then allowing exceptions inverts the relationship between freedom and restrictions; it turns the right into a privilege (see A/HRC/31/66, para. 21). Such bans also interfere with the ability to carry out assemblies within sight and sound of the intended audience. 3. Management of assemblies 31. The Special Rapporteur heard many testimonies and watched extensive publicly available video footage showing the use of water cannon and bus barricades by police at various protests. He was informed by the National Police Agency that police stopped using tear gas for protest management in 1999 and that since then violent incidents during assemblies have decreased. The Special Rapporteur believes that, following the same logic, the use of water cannon (sometimes with capsaicin mixed into the water, which has similar effects to tear gas) and bus barricades triggers increased tensions. The way in which such tactics are used, coupled with massive deployment of force, is almost guaranteed to increase tension between police and protestors, who interpret such actions as unprovoked attacks. That kind of aggression begets more aggression. 32. Interlocutors from the Agency explained that the water cannon are used as a last resort to disperse crowds where there is violence. Moreover, warnings are issued before their use, so that participants can disperse voluntarily. There are also strict guidelines governing their use. 33. Nonetheless, there remain serious problems with the use of water cannon, some of which the police acknowledged. First, the tactic is indiscriminate. It is difficult to use water cannon to isolate violent individuals in a mixed crowd. In footage made available to the Special Rapporteur, water cannon were used against largely peaceful crowds. In certain cases, lone individuals were targeted, a use difficult to justify. Victims also testified to the personal injuries and damages to property sustained owing to their use. The case of Baek Nam-gi is a tragic illustration of this. Mr Baek, a participant in the “peoples’ rally” in November 2015, was knocked to the ground by a water cannon, resulting in serious injuries, and remains in a coma at the time of writing. The police explained that the water cannon operator relies on a monitor with a relatively small screen inside the vehicle, limiting the detail visible to the operator. That increases the chances that the water cannon will cause severe injury to protestors. Several interlocutors also testified that warnings about the impending use of the water cannon are difficult to hear because of the noise accompanying protests and demonstrations. 34. The use of water cannon was challenged in the Constitutional Court, 5 but unfortunately the Court majority did not take the opportunity to determine whether their use infringed the complainants’ rights. However, three dissenting judges found that the complainants’ rights had been violated because of the lack of standards on the use of water cannon and their direct use on the applicants without adequate justification. The Special Rapporteur regrets that the Court missed an opportunity to clarify standards for the use of water cannon. 35. The use of bus barricades is a serious concern for participants in demonstrations and protests. The video footage and photographs seen by the Special Rapporteur show an impressive line-up of hundreds of buses, parked bumper to bumper completely blocking off access to streets, especially those that lead to Gwangwhamun Square and the presidential palace. In addition to forming a significant physical obstacle in the path of protestors, the rows of buses prevent participants from approaching their intended destination and interfere 5 8 Case on the constitutionality of using water cannon [26-1(B) KCCR 588, 2011Hun-Ma815, June 26, 2014].