2. All demonstrations are presumed to be peaceful
2.1. The peaceful intention of the organisers and participants in a protest should be
presumed unless there is convincing evidence of intent to use or incite violence.
2.2. If the protest was peaceful, even in instances where it had violated domestic law, the
police must display tolerance.
2.3. It is recognized that there may be legitimate reasons for escorting protesters to the
police station in instances where protesters refused to comply with a lawful order to
cease unlawful conduct. However, compelling reasons must exist to arrest protesters
and terminate the protest.
2.4. Where feasible, it may often be more appropriate to delay the arrest of assembly
participants until after the event comes to an end for illegal acts that took place prior to
or during the assembly.
2.5. Only individuals directly involved in illegal acts should be targeted for arrest and such
persons must be released as soon as the reasons for their detention cease to exist.
2.6. Even short periods of detention will directly affect participants’ right to assemble and
their freedom of movement and may amount to a deprivation of freedom of movement
under Article 14(1)(h) of the Constitution.
IV. RESTRICTIONS BY LAW ENFORCEMENT OFFICIALS ON
THE RIGHT OF PEACEFUL ASSEMBLY
1.
Only in exceptional cases may an assembly be dispersed. Dispersal may be resorted
to if the protest is no longer peaceful or if there is clear evidence of an imminent threat
of serious violence that cannot be reasonably addressed by more proportionate
measures, such as targeted arrests. The conditions for the dispersal must be outlined
in the Police Orders and Manuals subject to the fundamental rights prescribed in the
Constitution.
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