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Resolution 2116 (2016)
Urgent need to prevent human rights violations during peaceful protests
1. The Parliamentary Assembly stresses
the value of peaceful protests as a manifestation of the civic space
and a vehicle for the voices of ordinary people. The huge peaceful
gatherings which took place in Paris and elsewhere after the January
2015 terrorist attacks show how peaceful protests unite people in
the face of adversity. Protests are often a last resort for citizens
to make themselves heard; restricting this right or using violence
against peaceful protesters erodes democracy.
2. The Assembly reaffirms 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” (Resolution 1947 (2013) on
popular protest and challenges to freedom of assembly, media and
speech).
3. According to the European Convention on Human Rights (the
Convention), any restriction on the right to peaceful assembly should
be prescribed by law and only be necessary in a democratic society
as part of the pursuit of the legitimate purposes laid down in Article
11.2.
4. The Assembly encourages member States to make use of the existing
international instruments designed to protect and promote freedom
of assembly, and also to regulate the use of force by law-enforcement
agencies, including the Guidelines on Freedom of Peaceful Assembly
drafted jointly by the European Commission for Democracy through
Law (the Venice Commission) and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Co-operation
in Europe (OSCE/ODIHR), drawing on examples from national legislation
and the case law of the European Court of Human Rights to illustrate
the various legislative options.
5. The Assembly notes that, in certain member States of the Council
of Europe, there have been serious impediments to a full realisation
of the freedom of assembly. In particular, it is worried about the
frequent use of excessive force against peaceful demonstrators,
including the systematic and inappropriate use of tear gas and other
“less-lethal” weapons.
6. The Assembly also notes with concern the recent legal restrictions
placed on the right to freedom of assembly in different member States:
in Turkey, with the adoption in March 2015 of the Security Bill
which extends the powers of the police to use firearms; in Spain,
with the adoption in March 2015 of the law on citizen’s security,
which institutes heavy fines against organisers of spontaneous protests;
and, in the Russian Federation, with an amendment to the law on
public gatherings which permits the detention of any person participating
in an unauthorised public assembly. The Assembly is also worried
about the lack of legislation on freedom of assembly in certain
countries (for instance in Ukraine, where there is no legislation
with respect to a procedure for holding demonstrations).
7. In light of the above, the Assembly calls on the member States
to:
7.1. safeguard the right to
freedom of peaceful assembly enshrined in Article 11 of the Convention
as well as other human rights, including in the context of “spontaneous”,
non-notified demonstrations;
7.2. review existing legislation with a view to bringing it
into conformity with international human rights instruments regarding
the right to freedom of peaceful assembly, by making use of the
expertise of the Venice Commission, if need be;
7.3. regulate the use of tear gas and other “less-lethal” weapons
more strictly in order to include more adequate and effective safeguards
to minimise the risk of death and injury resulting from their use
and abuse and from avoidable accidents;
7.4. fully implement the judgments of the European Court of
Human Rights related to freedom of assembly;
7.5. adopt and implement a human rights-based approach to policing
protests, in particular by organising human rights training for
members of law-enforcement forces;
7.6. refrain from banning any protests, except for the legitimate
reasons enumerated in Article 11.2 of the Convention;
7.7. refrain from placing people in administrative detention
in order to prevent them from participating in peaceful protests;
7.8. improve the identification system for law-enforcement
officials, especially riot police, in order to render them accountable
for their actions;
7.9. effectively investigate and adequately penalise all instances
of ill-treatment committed by law-enforcement officials in order
to combat and eradicate impunity, including the responsibility of
the officials in charge of the command, control and supervision
of the police operation in question;
7.10. ensure that information concerning legislation and regulations
guiding the police’s actions regarding peaceful protests is accessible
to the public;
7.11. fully respect the right to freedom of expression of journalists
covering the protests, and protect medical staff providing assistance
to protesters.