57. Liability shall not be imputed from associations to individuals or vice versa.43
Offenses committed by particular members of associations shall not be taken
as grounds to penalize the association itself, where the official decision-making
structure of the association was not employed to pursue those offenses. Similarly,
offenses committed by an association, for instance through decisions of its officers,
shall not be imputed to members of the association who did not take part in the
offenses in question.
58. Suspension or dissolution of an association by the state may only be applied where
there has been a serious violation of national law, in compliance with regional and
international human rights law and as a matter of last resort.44 Suspension may
only be taken following court order, and dissolution only following a full judicial
procedure and the exhaustion of all available appeal mechanisms. Such judgments
shall be made publicly available and shall be determined on the basis of clear legal
criteria in accordance with regional and international human rights law.
59. Sanctions shall not be disproportionate or aimed at tightly controlling or
penalizing associations without strong grounds.
a. In no cases shall associations be subject to sanctions on the basis that their
activities breach their internal regulations, where the activities in question are
otherwise lawful.
b. Monetary penalties shall be avoided to the extent possible. Where associations
have failed to comply with a particular state requirement, the remedy shall
be compliance with that requirement. Prior to the imposition of sanctions, a
warning shall be issued and a reasonable period of time in which to comply
with the regulations in question provided, where circumstances so allow.
60. Commencement of legal appeals shall suspend the enforcement of sanctions until
the appeals process has run.45
61. The burden of proof relative to sanctions against associations shall always be on
the state.
43 See International Pen and others (on behalf of Ken Saro-Wiwa) v. Nigeria, Comm. Nos. 137/94, 139/94, 154/96
& 161/97 (1998), para. 108.
44 The requisite level of gravity is only reached in cases involving the pursuit of illegitimate purposes, such as
for example where the association in question aims at large-scale, coordinated intimidation of members of the
general population, for instance on the basis of a racially-motivated position.
45 Where necessary, injunctions may be applied however.
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