ii. Removal of Unlawful Occupants from Premises
1. When unlawful occupation has already occurred, the protesters are acting outside the
ambit of the law.
2. Methods of crowd control may be employed to carry out the removal of unlawful
protesters, with force only being used where it is reasonably necessary under the
circumstances, within the ambit of the law.
3. Once it is apparent that the protesters are beginning to vacate the premises, the police and
tri-forces must cease their efforts of evacuation and allow the protesters to leave as the
operation for evacuation is now at an end.
VII. Dealing with protests held when curfew or emergency laws are in effect
1. Freedom of movement is guaranteed to all citizens under Article 14(1)(h) of the
Constitution. However, it can be restricted for the purposes of national security in
accordance with Articles 15(6) and (7) of the Constitution.
2. When curfew or emergency law is in effect in an area, and through reliable sources, it
becomes apparent that a violation of the same may occur, the Commission recommends
that:
2.1. Even during a state of emergency security when setting up security checkpoints along
roads, it is critical that this is not done in an arbitrary manner that would constitute a
violation of the freedom of movement (Rodrigo v Imalka, SI Kirulapone, SC (FR)
No. 297/2007 S.C. Minute of 03.012. 2007).
2.2. The OIC of the police station having jurisdiction should delegate his officers to
regularly patrol sensitive areas.
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