Blanket bans may interfere significantly with the ability to hold assemblies within sight and
sound of the intended audience.
Restrictions may be permitted in the context of combating terrorism and violent extremism.
However, domestic legislation designed to counter terrorism and violent extremism must
not impose any limitations on fundamental rights and freedom, including the right to
freedom of peaceful assembly, that is not strictly necessary for the protection of national
security and rights and protection of others.
III.
Burden of proof for restrictions
1. Mere suspicions, fears, or presumptions are not sufficient to warrant the imposition of prior
restrictions on assemblies. The mere probability of tension and heated arguments between
opposing groups during a demonstration is not enough to justify the prohibition of an
assembly.
2. The burden of proving the violent intentions of the protesters lies with the authorities.
3. The reasons for restrictions must be communicated to the organizers of assemblies in
writing as early as possible. It must be communicated well in advance to allow the
organisers to challenge the restrictions in a court of law prior to the event.
IV.
Grounds for restricting the right of assembly
The Constitution lists several legitimate purposes for which restrictions on freedom of
expression and assembly can be justified;
1.
National security: It may serve as a ground for restriction only to protect the country’s
existence or territorial integrity against the use of threat or force from an external or
internal source. There may, however, be no restriction on political speeches or
expressions of public interest. Where the views expressed do not comprise incitement
to violence or, justify the commission of terrorist offenses, the State must not restrict
the right of the general public to be informed of such views, even on the basis of Article
15(7), for purposes of the protection of territorial integrity, national security, and the
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