2.
Only a duly authorized officer may order the dispersal of a peaceful protest. The
decision to disperse should be taken as a last resort guided by the principles of
necessity and proportionality. It should be ordered by a competent authority only if an
imminent threat of violence outweighs the right to protest.
3.
Dispersal should never be ordered due to non-compliance with prior notification
requirements or failure to comply with other legitimate prior restrictions on protests.
4.
As far as practicable, law enforcement officials should communicate and explain any
orders to disperse to the protesters. The protesters must be given sufficient time to
disperse before there is any recourse to coercive means.
5.
An assembly that remains peaceful which nevertheless causes obstructions to the
public, i.e. blocking public roads, may be dispersed only if the disturbance is severe
and sustained.
6.
Where an order to disperse is taken in conformity with domestic legislation, necessary
force may be used. The Police must endeavour to use necessary force only against
those individuals engaged in the violence as much as possible. Firearms must never
be used to disperse an assembly. If it is strictly necessary to use firearms to confront
an imminent threat of death or severe injury, the law enforcement may use them
against targeted individuals. Those using force must be accountable for each instance
of the use of force.
7.
Where law enforcement officials have decided on the use of force or violence, the
authorities must ensure that adequate medical facilities are available for the treatment
of casualties.
8.
Indiscriminate firing and the use of fully automatic firearms when policing an
assembly are unlawful.
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