Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group (vi) Witnesses who alleged that they were assaulted or injured by police personnel during the assembly informed the Panel that they had lodged police reports. Only a few testified that there had been any follow up by the police. According to a police witness, every investigation must be completed without unnecessary delay.1 (c) Recommendations for Police on Facilitating a Peaceful Assembly 1. Persons arrested shall be informed as soon as may be of the grounds of arrest and shall be allowed to consult and be defended by a legal practitioner of their choice, pursuant to Article 5(3) of the Federal Constitution. Failure to allow such legal access is both a breach of the Federal Constitution and of basic human rights principles. 2. The police in discharging their functions should take into consideration the rights of the individuals and ensure that they are able to exercise their rights as enshrined under the Federal Constitution and other laws. The police should not regard public assemblies as a challenge to their authority. 3. The police must make distinction between a peaceful assembly and a riot. They should also be seen as neutral and ensure the safety of participants and members of public especially in the event of public assemblies involving two or more opposing groups in the same area. 4. The police and organisers must meet and reach mutual agreement on matters relating to assemblies and other related matters. The police must keep in mind that the former section 27 of the Police Act 1967 is no longer applicable to public assemblies. 5. Methods used to disperse participants of assemblies should take into consideration the risks to both the participants and the police personnel themselves. 6. Arresting officers must exercise care and avoid using unwarranted or disproportionate force. While the police have the power to arrest or disperse participants according to the law, the use of force must be proportional to the level of risks at the time of arrest. Any person arrested should be informed of the ground of arrest and allowed access to legal counsel. 7. The police force should identify alternatives to ensure the line of communications is maintained among officers during an assembly, in order to avoid any confusion with respect to orders or action taken by any of the personnel on the ground. 1 Section 120 of the Criminal Procedure Code states that (1) Every police investigation under this Chapter shall be completed without unnecessary delay, and the officer making the investigation shall, unless the offence is of a character which the Public Prosecutor has directed need not be reported to him, submit to the Public Prosecutor a report of his investigation together with the investigation papers in respect of such investigation within one week of the expiry of the period of three months from the date of the information given under Section 107. Persons arrested shall be informed as soon as may be of the grounds of arrest and shall be allowed to consult and be defended by a legal practitioner of their choice, pursuant to Article 5(3) of the Federal Constitution. 65