98. The policing of assemblies shall be conducted in accordance with the African Commission on Human and Peoples’ Rights Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa. V. Sanctions and Remedies 99. States shall not impose criminal sanctions in the context of laws governing assemblies. All criminal sanctions shall be specified within the penal code and not elsewhere. Assemblies shall not be governed by provisions of criminal law different from the generally applicable provisions of the penal code. 100. Sanctions shall be applied only in narrow and lawfully prescribed circumstances, on the basis of generally applicable civil and criminal law, shall be strictly proportionate to the gravity of the misconduct in question, and shall only be applied by an impartial, independent and regularly constituted court, following a full trial and appeal process. 101. Liability shall be personal. Neither the organizers nor fellow participants of a public assembly shall be subjected to sanctions of any kind on the basis of acts committed by others.74 102. Excessive responsibilities or liabilities shall not be imposed on assembly organizers. a. Organizers shall not be subject to sanctions or dispersal merely for failure to notify.75 b. Organizers shall not be held liable for the public costs of assemblies.76 c. Organizers may only be subject to monetary sanction where all four of the following conditions are met: they fail to notify;77 there is harm caused by the assembly;78 that harm was reasonably foreseeable; and they fail to take reasonable steps within their power to prevent the act or omission in question. 74 See International Pen and Others (on behalf of Ken Saro-Wira) v. Nigeria, Comm. Nos. 137/94, 139/94, 154/96 and 161/97 (1998), paras. 105-06. The term personal shall be understood to include natural and legal persons. 75 See Malawi African Association and others v. Mauritania, Comm. Nos. 54/91, 61/91, 98/93, 164-196/97 & 210/98 (2000), paras. 108-11. 76 Public costs include the cost of policing, the costs of clean up, and the obligation to obtain public-liability insurance. 77 Where, however, significant barriers to the ability to submit notification exist, this should constitute a defense. Significant barriers include both legal and practical barriers, such as lack of ability to submit notification via communication technology and geographical distance from the center where physical submission of notification is required. 78 Harm in this context refers to violence or destruction of property. Guidelines on Freedom of Association and Assembly in Africa  | 31