previous strict test of necessity and proportionality. A blanket ban on all assemblies in a
particular city is not justifiable as a general rule.
8. The requirement for prior authorisation for a peaceful protest does not give leave to violate
Article 14 of the Constitution in the absence of such authorization. The rationale for the
prior notification procedure is to allow State authorities to facilitate the exercise of the
rights under Article 14 and to take measures to ensure the safety of the public and to protect
public order and the rights and freedom of others.
9. The obligation of the State to protect peaceful assemblies includes the protection of
participants from other individuals, including provocateurs, and counter-demonstrators,
who aim at disrupting or dispersing such assemblies. Such individuals include those
belonging to the State apparatus or working on its behalf. The counter-demonstrators may
fall within Article 5 of the ICCPR, and the protection afforded in Article 21 of the ICCPR
will not apply to them.
10. The principle of legality requires that the State develop a domestic legal framework for the
use of force, especially potentially lethal force, that complies with international standards.
The State must also have domestic legislation in place which fully comply with
international human rights law and standards on policing, and ensure law enforcement
officials comply with such legislation when policing protests. Domestic law must not grant
officials largely unrestricted powers to use force or all necessary force to disperse a protest
or ‘shoot below the knee’; in particular, domestic law must not allow force against
protesters on a wanton, excessive, or discriminatory basis.
11. Ensure all arrests, detentions and any subsequent trials must be carried out according to the
law and procedure established by law. Those should be free from arbitrariness, in that the
laws and their applications must be appropriate, just, foreseeable, and comply with the due
process of the law, including the right to access a lawyer.
12. Mass arrests or detention should be avoided. Law enforcement officials should, in principle,
avoid mass arrests, frequently considered arbitrary under international human rights law
and contrary to the presumption of innocence.
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