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Resolution 1947 (2013) Final version
Popular protest and challenges to freedom of assembly, media and speech
1. Popular protest has erupted in
many European (and non-European) countries recently. Demonstrations often
occur in an unregulated manner, its participants co-ordinating with
one another through social media. The right of individuals to demonstrate
against their democratically elected governments is as legitimate
as is the right of such governments not to change their policies
in the face of protests.
2. Such demonstrations have taken place in many cities and countries
in Europe in 2013. In all cases, the protests started peacefully,
even if in some cases small minorities did engage in violent activity.
The response by the public authorities and the action taken by law-enforcement
bodies were at times disproportionate.
3. Examples of peaceful demonstrations which developed into violent
clashes with the police in the last few months in Europe include:
3.1. several demonstrations against
same-sex marriage staged in Paris between 24 March and 27 May 2013
(“Manif pour tous”), involving more than 2 million people, triggering
the intervention of law- enforcement forces including the use of
tear gas (pepper spray) on peaceful demonstrators. Four persons
were injured and several hundred were arrested;
3.2. riots which took place in the suburbs of Stockholm from
20 to 24 May 2013 where people demonstrated against the killing
of an immigrant by the police and against immigration and integration policies
in general. No injuries were reported and the police arrested 29
people;
3.3. recently, on 31 May 2013, a peaceful demonstration organised
by opponents to an urban renovation project in Istanbul led to a
heavy-handed police intervention and triggered an unprecedented popular
protest movement in Turkey. In dozens of Turkish towns, hundreds
of thousands of people expressed their disagreement with the attitude
of public authorities and took part in demonstrations. In many towns
these demonstrations resulted in violent clashes with the security
forces, involving the systematic use of tear gas, a water cannon
and, in some cases, the firing of rubber bullets. The Parliamentary
Assembly deplores the death of four people, including a police officer,
and the injuries to almost 4 000 people.
4. The Assembly supports the statement of the Secretary General
of the Council of Europe of 25 June 2013, and insists on the need
to respect the decisions of the European Court of Human Rights on
the use of force against protesters.
5. The Assembly points out that freedom of assembly and association,
including unorganised and non-authorised protest, is an essential
right in a democracy, safeguarded by Article 11 of the European
Convention on Human Rights (ETS No. 5) and constantly upheld by
the European Court of Human Rights in its case law. Any restriction
of this right must be provided for by law and be necessary in a
democratic society. It is for the authorities to guarantee the exercise
of the right of freedom of expression and demonstration.
6. Therefore, in instances of popular protest, the role of law-enforcement
bodies is to protect the rights of demonstrators and their freedom
of association and expression, while protecting others, as well
as public and private property. In so doing, they must apply clearly
established standards and guidelines, upon instructions from an
accountable hierarchy.
7. The Assembly deplores recent cases of excessive use of force
to disperse demonstrators and reiterates its call on the authorities
to ensure that police action, where necessary, remains proportionate.
Referring to the position of the European Committee for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
and the case law of the European Court of Human Rights, it underlines
the serious health consequences of the use of tear gas.
8. The Assembly recalls that citizens are entitled to objective
and full information and that it is for the authorities to guarantee
conditions conducive to the effective exercise of media freedom
and freedom of expression, in accordance with the case law of the
European Court of Human Rights. In particular, it underlines the
need to clarify the issues of ownership and independence of the
media.
9. Consequently, the Assembly urges the Council of Europe member
States, where appropriate, to take the necessary measures to bring
their legislation into line with Council of Europe standards and
the case law of the European Court of Human Rights, including as
regards freedom of expression, of the media and of assembly, and
invites them to:
9.1. guarantee
freedom of assembly and demonstration in accordance with the case
law of the European Court of Human Rights and ensure that this freedom
can be exercised in practice;
9.2. duly investigate the use of excessive or disproportionate
force by members of the law- enforcement forces and impose sanctions
on those responsible;
9.3. reinforce human rights training for members of the security
forces, and also for judges and prosecutors, in partnership with
the Council of Europe;
9.4. draw up clear instructions concerning the use of tear
gas and prohibit its use in confined spaces;
9.5. ensure media freedom, put an end to harassment and arrests
of journalists and the search of media premises and refrain from
imposing sanctions on media outlets covering popular protests, in
line with Resolution 1920 (2013) on the state of media freedom in
Europe;
9.6. reform the criminal code and the code of criminal procedure,
as well as anti-terrorism legislation and the administrative code,
whenever the relevant legislation is not in line with Council of
Europe standards and the case law of the European Court of Human
Rights;
9.7. examine means of consulting the population or involving
it in the management of public affairs, both at local and national
levels, drawing on relevant European standards and good practices,
in line with Resolution 1746 (2010) on democracy in Europe: crisis
and perspectives;
9.8. refrain from putting unnecessary administrative and organisational
hurdles in the way of the work of civil society organisations by
subjecting them to controls, fines and penalties. Such excessive practices
intensify popular discontent and may lead to further increased popular
protest activity.
10. Finally, the Assembly invites the Secretary General of the
Council of Europe to consider drawing up guidelines on the respect
of human rights in the policing of demonstrations.