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stipulated in the Constitution and the International Covenant on Civil and Political
Rights in conjunction with the Criminal Procedure Code. This is to ensure that such
discretion is exercised within the framework of the law and in accordance with
human rights principles.
2. Opinions on the exercising of freedom of assembly
Findings found that political rallies during July - September 2021 that
took place during the enforcement of the Emergency Decree 2005 due to the
COVID-19 pandemic, mostly rallied to protest against the government. The rallies
in 2021 significantly changed where the age of the protesters was visibly younger
and expression became more violent. Drastic response measures by the state also
added to the changes in the protesters' reaction. The three major forms of rallies
during this period can be considered as following: 1) protest march and flash mob
gatherings; 2) rally that involves driving cars or motorcycles during protest known
as “Car Mob” and “Bike Mob”; and 3) rallies with no clear leadership.
Considering that, the political rallies took place during the enforcement
of the Emergency Decree that prohibits gathering of persons to prevent and control
the spread of COVID-19, which is a limitation on the freedom of peaceful assembly
without arms. However, the restriction on freedom of peaceful assembly, without
arms should strictly consider acts on a case-by-case basis according to the principle
of necessity and proportion. In the case of “Car Mob" and “Bike Mob” activities that
demanded for the resignation of the Prime Minister by driving cars or motorcycles
along different routes take into consideration the situation and complies with
measures to prevent the spread of the coronavirus disease 2019. There was no
incident of violence by demonstrators, in a manner, that would endanger the lives
and bodies of other people or cause serious damage to property. Violent incident
occurred after organizers announced the end of the demonstration or the violence
was believed to be caused by the masses who were not directly there to assembly
and the organizers also illustrated attempt to stop any act of violence. Protest march
and flash mob gatherings are generally non-violent movement who rally to express
political demands toward the government. Although, no measures have been put in
place to prevent the spread of COVID-19, demonstrators were wearing mask to
express intention to prevent the spread of the virus. General Comment No. 37 on
the right and freedom of peaceful assembly of the Human Rights Commission, of