Conditions 89. Any conditions contemplated shall be communicated promptly in writing to the organizers of the event, along with an explanation of the rationale for the conditions. 1. The law shall set out a clear procedure through which, prior to the imposition of such conditions, the authorities shall reach out to assembly organizers with their concerns in such a manner as to facilitate the sharing of information and the production of a mutually positive and agreed approach. Organizers shall not be compelled or coerced during this process. 2. Where time allows, a procedure of administrative review shall be available in cases of conflict. 3. Prompt recourse to an independent court shall be available to assembly organizers to challenge the decision of the authorities should they wish to do so.69 90. Authorities shall always seek to facilitate assemblies at the organizers’ preferred location at their preferred date and time. 1. When imposing limitations on location, time or date, the authorities shall propose a suitable alternative time, in which context the message the assembly seeks to convey is still capable of being effectively communicated to those to whom it is directed. 2. When imposing restrictions, the authorities shall facilitate the ability of an assembly to take place within sight and sound of its target audience.70 3. Physical security installations around politically and symbolically important locations may violate the right to freedom of assembly in this context where the security gain is outweighed by the extent to which the barriers prevent assemblies from taking place in appropriate locations. 91. Any conditions imposed shall relate closely to the particular concerns raised and be narrowly tailored. 1. Conditions may only be imposed where they promote a substantial interest that would not be achieved in the absence of the restriction. 2. The routine application of conditions, without individuated proportionality assessment, shall be prohibited. Application of conditions requires an objective and detailed evaluation of the circumstances in question. 3. Reasons adduced to impose conditions shall be relevant, sufficient, convincing and compelling, and based on a reasonable assessment of the relevant facts including a risk assessment.71 69 See, e.g., New Patriotic Party v. Inspector General of Police, Ghana Supreme Court (2000), paras. 38, 48. 70 A policy of relocating assemblies to locations far away from their intended audiences would violate this requirement. 71 In which context suspicion or presumptions cannot suffice.

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