defence is a function of the armed forces, as it considers them to be two substantially
different institutions in so far as the purposes for which they are created and their training
and preparation are concerned. It is thus advised to avoid the intervention of the armed
forces in matters of internal security since it carries a risk of human rights violations.
14. Authorities must ensure the availability of effective channels of communication for
assembly organizers. Law enforcement officials must conduct sufficient outreach prior to
assemblies taking place. They should contact any known assembly organizers in advance
to learn more about how the organizers plan to conduct the assembly. Such outreach
measures help establish trust and ensure no unexpected events at a later stage.
15. It is recommended for Law enforcement officials to designate a person or team to liaise
with the organizers before and during the assembly. The relevant contact details of the
police contact point should be widely advertised. That person or team should serve as a
contact point and should not conduct other policing tasks, such as intelligence gathering,
that could potentially restrict or affect the rights of the organizers or protesters and fuel
mistrust.
16. Law enforcement officials should make every effort to reach a mutual agreement with the
organizers of an assembly on the time, place, and manner of the event. Mediation
procedures may be helpful to ensure that such dialogue results in a solution acceptable to
all parties.
17. In the event the protesters refuse to comply with the orders of the police not to hold the
demonstration in an unauthorized area but do not engage in acts of violence, the forceful
intervention by the police officers is disproportionate and unnecessary to prevent disorder.
18. The authorities must take reasonable and appropriate measures to facilitate assemblies that
are convened at short notice or in response to an urgent or emerging situation, including
spontaneous assemblies and non-notified assemblies, as long as they are peaceful in intent
and execution. A decision to ban assemblies solely because of the absence of the requisite
prior notice, without any illegal conduct by the participants’ amounts to a disproportionate
restriction of freedom of peaceful assembly.
24