2.1. Force should only be applied to the minimum extent necessary, following the
principles of restraint, proportionality, minimization of the damage, and preserving life,
when dispersing an unlawful assembly.
2.2. Law enforcement officials should only employ force on an exceptional basis after
announcing this by issuing an unambiguous warning and providing the individuals
present with sufficient time to heed any police orders and exit the area.
2.3. It is recommended that at least three warnings be given before the use of force in the
dispersal of an assembly.
VII.
Notifications before protests
1. Rationale
1.1 The rationale for the notification requirement is to provide the authorities with
an opportunity to comply with their constitutional requirement to respect and
protect individual rights and freedoms and to take the necessary measures to
ensure that the protesters and other people are safe.
1.2 Notification is not a violation of the constitutional right to protest. But
authorisation or permit procedures do.
1.3 Notification is helpful as it allows authorities to minimize disruption to ordinary
life, traffic disruption, or other security measures. Prior notification can prepare
the police for other requirements, such as organizing the traffic, etc. The notice
requirement should not be a de facto authorization procedure.
2. Existing legal provisions
2.1 Section 77(1) of the Police Ordinance, No.16 of 1865, as amended by Act No.41
of 1984 refers only to a notice in writing at least six hours before the procession
which must be made known to the officer in charge of the nearest police station
to the site of the protest.
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