African Commission on Human and Peoples’ Rights \19 criminal activity, and only where the use of stop and search is in compliance with regional and international human rights standards. 16.2. The participation of a person in an assembly is not in itself a reasonable ground to stop, search and/or arrest that person. 16.3. The use of arrest for the purpose of removing persons who are acting violently or who are otherwise reasonably suspected of committing an offence has a legitimate function in the context of the policing of assemblies to protect and facilitate the right to assembly freely with others by all persons. In this regard, arrest powers must only be exercised on grounds and procedures established by law. Such laws and their implementation must be clear, accessible and precise, and consistent with the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa and with other relevant regional and international human rights standards. 17. Facilitation of first aid and other essential services 17.1. Contingency plans must include the provision of prompt assistance by medical service providers for any person injured during an assembly. Law enforcement officials must receive first aid training and ensure that assistance and medical services are provided to any injured person at the earliest possible moment after the use of force and firearms. 17.2. Law enforcement officials should be subject to clear and precise protocols for communicating with medical service providers in an assembly context. Law enforcement officials should ensure that traffic management and other contingency planning facilitate the prompt access to medical services for assembly participants, observers and bystanders. 17.3. The provision of first aid and other essential services during an assembly must be provided free of charge to assembly participants. 18. Facilitating multiple assemblies 18.1. The right to assemble freely with others extends to the right to engage in simultaneous or counter-assemblies. 18.2. If law enforcement officials impose limitations or restrictions on simultaneous or counterassemblies, such restrictions must be legal, necessary, proportionate and comply with the principle of non-discrimination and equality before the law. 18.3. If law enforcement officials deem it impossible to facilitate counter or simultaneous assemblies precisely as planned, preference should be given to the facilitation of the first notified assembly and alternatives must be provided to the other assemblies. The alternatives should take into account any need for the counter or simultaneous assembly to occur within the sight and sounds of the other assembly, and any additional policing resources required to ensure the facilitation of all assemblies and the protection of all assembly participants, observers and bystanders. This should be based on a progressive assessment of the situation. 19. Enforcing conditions on assemblies 19.1. Law enforcement agencies typically will merely enforce prior decisions imposed by the appropriate authorities. Restrictions may be imposed during the course of an assembly, where necessary and proportionate, as for instance in cases where the situation rapidly deteriorates and becomes violent. APCOF Guidelines on policing assemblies TEXT.indd 19 12/04/2017 17:07:44

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