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4.3. Law enforcement officials must be subject to accountability mechanisms and noncompliance by law enforcement officials with laws and regulations governing assemblies
must be treated as an offence. In particular, the use of arbitrary and excessive force and
torture or other cruel, inhuman or degrading treatment or punishment should be treated
as a criminal offence under national law. Furthermore, disciplinary and criminal procedures
for law enforcement officials must accord with the principle of procedural fairness.
5.
Command structures
5.1. Law enforcement agencies must establish a clear, transparent and single command structure
for the policing of assemblies. The operational roles and responsibilities of law enforcement
officials within the chain of command should be clearly established, articulated, and publicly
known to ensure a single chain of accountability.
5.2. Operational commanders must be held responsible if they knew, or should have known,
that law enforcement officials under their command resorted to the unlawful use of force
or firearms, and if they did not take all measures to prevent, suppress or report such
unlawful activity.
6.
Information, communication and facilitation mechanisms
6.1. Law enforcement agencies have an obligation to promote access to information and should
make available, in the public domain, information relevant to the policing of assemblies.
Such information should include all regulations, standing orders and instructions, codes of
conduct and information about chain of command and operational decision-making.
Information should also be provided on the type of equipment generally available to law
enforcement officials when policing assemblies and the circumstances in which such
equipment will be deployed, as well as procedures and reasons for imposing limitations on
the right to assembly by public authorities and information on how to access internal and
external complaints mechanisms.
6.2. Law enforcement agencies should have and make known a communication mechanism to
promote a collaborative and inclusive approach to the preparation, planning and policing
of assemblies. The mechanism should be underpinned by principles of transparency,
community partnership, and the proactive dissemination of all key information to
stakeholders. Stakeholders in this context includes, but is not limited to, assembly organisers,
essential service providers, local authorities, the media, other security sector actors,
oversight and accountability mechanisms such as National Human Rights Institutions,
independent police civilian oversight authorities, and Ombudsmen, and civil society.
6.3. To facilitate effective communication, law enforcement agencies should appoint specially
trained officials to act as communication liaisons with stakeholders.
6.4. Law enforcement agencies must allow for and facilitate the involvement of third parties in
dialogue and mediation with assembly organisers prior, during and after assemblies, and
provide prompt and relevant information to such third parties for this purpose. Such third
parties include Ombudsmen, National Human Rights Institutions, local authorities and civil
society organisations.
7. Training
7.1. Law enforcement officials must be adequately trained to facilitate the exercise of the right
to assemble freely with others.
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