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or unauthorized use of amplifier were also found. Furthermore, there were also
prosecutions against demonstrators who used artificial weapons such as, ping-pong
bombs and combustibles (flaming bombs) or offenses that are often considered of
serious conduct under the Criminal Code.
The above charges and offenses even if it is done as provided
by law, c may affect the rights and freedoms to peaceful assembly and political
opinions, including litigation that may cause fear to exercise such rights and
freedoms. This includes unreasonable restrictions on the r rights and freedoms of
individuals, such as prosecuting for traffic offenses or the unauthorized use of the
audio amplifier. Therefore, law enforcement officials should consider the
proportionality and necessity of taking measures to maintain peace, in order to
protect the right and freedom of peaceful assembly and political expression and do
not do anything that would limit or create unreasonable burden.
1.3.4) Temporary release
It was found that during events of rally there were both groups
of people that were arrested and were taken to court for warrant of detention. In
some cases, the court ordered provisional release with or without bail, and people
were taken to court for an order. In other cases, temporary release order was
revoked which resulted in the person being sent to prison, and then there were
cases where the court did not approved bail on ground of violating provisional
release conditions in previous cases and the court reason a repetition in committing
an offence. Some detainees have not been granted bails for irrelevant reasons. For
example, in the case of an alien whose bail was not granted due to lack of
identification documents or in the case of a minor who is 16 years who was not
granted temporary release due to the absence of relatives.
It was considered that the court has issued orders not to allow
temporary release in some cases. Although, provisional release is a case of
discretion in considering the facts together with the law within the jurisdiction.
Nevertheless, the granting or disallowing of provisional release should consider and
give importance to the presumption that the accused or the defendant is not guilty
until a final judgment has been made. It should further be based on the principle that
everyone should have the right to be granted temporary release during trial as