18/ POLICING ASSEMBLIES IN AFRICA: Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa 14.3. Law enforcement agencies generally should deploy only the minimum number of officials commensurate to the size of the assembly, necessary to ensure the protection and safety of officials, participants, observers and bystanders, and take a graduated approach to any  increase of visible policing numbers during the course of an assembly. Any reinforcement units should be stationed out of the sight of assembly participants to the extent that law enforcement command has assessed this to be appropriate in accordance with Guideline 12. 15. Documenting assemblies 15.1. Law enforcement officials should document the conduct of an assembly operation, including through the use of photography, providing that such recording and surveillance have a basis in law, are in pursuit of a legitimate interest which is consistent with regional and international human rights standards as set out in 1.2.1, are a necessary and proportionate measure to achieve that end within a democratic society, and satisfy the principles of equality before the law and non-discrimination as set out in 1.2.2. 15.2. The documenting of assembly operations by law enforcement officials must be regulated in national law in compliance with regional and international human rights standards, as set out in 1.2.1. 15.3. Law enforcement officials must not use recording and surveillance tactics as a means to harass or intimidate assembly participants, or to discourage persons or groups from exercising their right to assemble freely with others. Law enforcement agencies must not disseminate information to third parties in violation of the right to privacy, due process, freedom of expression or the right to assemble freely with others. 15.4. Law enforcement officials must notify assembly organisers and participants of the intention to document an assembly and the purpose thereof. Communication should be in a manner that is precise and well understood. 15.5. The retention and use of information gathered through the documentation of an assembly by law enforcement officials must be regulated by national law and in compliance with regional and international human rights standards. Retention and use should be limited to circumstances where the use of force by law enforcement officials or their exercise of the powers of arrest and detention is recorded; where a complaint about the conduct of law enforcement officials is made; where recordings provide evidence of misconduct by law enforcement officials; or where recordings provide evidence of a crime committed by law enforcement officials or others. Recordings should be retained only for so long as is necessary for the relevant purpose. 15.6. All persons have the right to record an assembly, including the right to record the law enforcement presence and action. This right must be protected by law with disciplinary procedures in place for law enforcement officials who seize or damage any equipment, except where such seizure is authorised by an independent judicial authority. Disciplinary procedures refers to internal disciplinary sanctions effected through policing procedures, as well as external criminal procedures. 16. Stop, search and arrest 16.1. All persons have the right to liberty and security of the person. The use of stop, search and arrest by law enforcement officials should be strictly limited to circumstances in which there is reasonable suspicion that the individual poses an actual risk of violence or is involved in APCOF Guidelines on policing assemblies TEXT.indd 18 12/04/2017 17:07:44

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