The authority to issue an order for dispersal should be limited to operational
commanders who are present at the operation or to well-informed officers on
the ground.
228.
In relation to de-escalation, the Guidelines provide that:
All action taken by law enforcement officials during the management of
assemblies where participants are not acting peacefully must satisfy the
requirements of legality, necessity, proportionality, freedom from
discrimination and equality before the law, and accord with regional and
international human rights standards;
Crowd control strategies, such as containment, should be implemented with
caution, be lawful and proportionate, and never amount to collective
detention. Containment tactics must allow for exit routes for assembly
participants and observers who want to leave the assembly;
Resort to force must only be made if and when other, less harmful, means of
de-escalation have failed;
De-escalation tactics must also take into account the potential adverse
influence that the visible escalation of law enforcement tactics can have on
the way in which an assembly develops.
229.
Finally, in relation to the use of force, the Guidelines stipulate that:
The use of force is an exceptional measure. In carrying out their duties, law
enforcement officials shall, as far as possible, apply non-violent methods
before resorting to the use of force and firearms. Force and firearms may only
be used if other means of achieving a legitimate law enforcement objective
are ineffective or unlikely to be successful. Law enforcement officials must,
as far and for as long as possible, differentiate between peaceful assembly
participants and those who engage in violent acts;
Where the use of force is unavoidable, law enforcement officials must
minimise damage and injury, respect and preserve human life, and
ensure at the earliest possible moment that assistance is rendered to any
injured or affected person and that their next of kin is notified.
230.
The Complainants submit that thousands of riot police and plain clothed
policemen arrived at around 19:00 and informed them that they were there for
their protection against a counter-protest. However, according to the State
security forces arrived at the location at around 00:30. Either way, there is no
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