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Article 21
The Government reports that it is taking measures such as imposing legal
liabilities against illegal and violent assemblies in accordance with the Assembly and
Demonstration Act. This act includes obligations to report assemblies, prohibiting
illegal and violent assemblies or demonstrations, banning open-air assemblies and
requiring certain conditions to maintain traffic order during the assembly (para. 297).
23. The Use of Force at the Scene of Assemblies
The Government reports that the initially peaceful assemblies are gradually
becoming systematically organized which is leading to injured police, severely
injured civilians and property damages (para 300).
During peaceful assemblies including the 2008 candlelight vigil, the police
infringed upon demonstrators’ human rights by violently cracking down the vigil and,
in turn, injuring some demonstrators. In response, the NHRCK advised the Minister of
Administration and Security to give warning to the then Commission-General of the
National Police Agency for responsibility of supervision and advised the
Commission-General of the National Police Agency to strictly adhere to the defenseoriented security principle which prioritizes safety of life and body of the people to
prevent recurrences of human rights violations at rallies.
Question
What institutional measures for improvement does the Government seek to prevent
human rights infringements that are caused by the police’s excessive use of physical
force at rallies?