In this module, which consists of three parts, we will dive into issues regarding the policing of assemblies by law enforcement. The first video will present some key elements pertaining to human rights compliant policing of assemblies. In the second video, we will focus on the principles regulating police’s use of force during assemblies. Finally, we will provide an overview of the main types of equipment and other tactical options available to law enforcement when policing assemblies.
In Module 3, you will:
- Understand the four key principles that should inform and guide assembly policing
- Acknowledge the importance for police to adopt a clear command structure to determine responsibilities and ensure accountability
- Understand the six principles regulating police use of force during an assembly and what they entail
- Recognize some of the equipment and tactical options most frequently used in the policing of assemblies
- Recall the key international human rights standards related to the use of specific types of law enforcement equipment
- Remember what type of information to record when documenting police equipment and the use of force when monitoring an assembly
Human rights compliant policing of assemblies
Meet the trainer:
Main takeaways
The police have an obligation to facilitate peaceful assemblies. They must protect participants and act collaboratively and with transparency to allow them to express their views freely and achieve their legitimate objectives.
The four key principles that should guide assembly policing are: facilitation, knowledge, communication and differentiation. They are interdependent and mutually reinforcing.
The police must identify the aims of assembly organizers and participants and consider tactics that enable them to achieve their legitimate objectives. This requires good planning and preparation, which is done by gathering information and engaging with organizers. During assemblies, the police should refrain from treating crowds as a single entity and acting indiscriminately.
The police should adopt a single transparent command structure for assemblies. This represents an important accountability mechanism, as it indicates police officers’ functions and levels of responsibility. ODIHR recommends a three-tiered system of command, often referred to as “Gold-Silver-Bronze”.
The police planning and decision-making model recommended by ODIHR is a circular process that requires police officers to examine available intelligence and information related to the assembly at stake, identify and prioritize potential risks, consider their actions based on the law and internal police policy, develop tactical options that respect the principle of differentiation, and review the impact of their actions.
All police decisions must be recorded and justified in order to ensure accountability.
Police use of force during assemblies
Meet the trainer:
Main takeaways
Law enforcement officials should always seek to facilitate assemblies through dialogue and communication and avoid the use of force, whenever possible.
While not per se unlawful, force can only be used in very limited circumstances and in compliance with the principles of legality, necessity, proportionality, precaution, non-discrimination and accountability.
Police use of force must have a clear basis in domestic law and serve a legitimate objective, in line with international human rights standards.
Police may only use the minimum force necessary to achieve their objective and must do it in a way that minimizes harm. Any use of force must be preceded by a prior warning. Once the pressing need has passed, further use of force is not allowed.
When using force, police must consider whether their action and the harm it might cause are proportionate to the seriousness of the threat or offence that is or is about to be committed. The end does not justify all means.
Police must take all possible precautions to reduce the need to resort to the use of force and to be able to minimize harm and damage.
In their decision to use force, police should never be guided by discriminating attitudes or act as a result of bias and prejudice.
Police must report and justify any use of force during assemblies and must be accountable for it. Police officials on duty must be identifiable by name or at least through a clearly visible personal identification number on their uniforms. Accountability should also include compensation and redress for those affected.
Police agencies must develop instructions complying with the use of force principles and provide their staff members with suitable equipment as well as appropriate trainings.
Before moving on to the next video lecture, we invite you to watch this short animated video on the use of force principles.
Tactical options
Meet the trainers:
Main takeaways
Monitors should be familiar with the types of weapons and other tactical options that are most commonly used by law enforcement when policing assemblies. Monitors should be able to identify them and recognize the potential human rights and health implications associated with their use.
Each tactical option has its own characteristics and intended uses. These characteristics, the manner in which a tactic is employed, and the exposure of those affected determine the nature and degree of risk associated with their use.
Be aware that certain types of devices pose a particularly high risk of causing serious injury or even death. Some tactics are likely to be indiscriminate and can affect multiple people.
Monitors should be familiar with the international standards concerning the use of specific types of law enforcement equipment. This helps monitors to accurately document how force is used during an assembly.
When documenting the use of weapons or other tactical options during an assembly, monitors should be aware of the types of information they should record, and do so in as much detail as possible.
The effective use of audio-visual tools for documentation is of great value to assembly monitoring work. It is important to try to capture the equipment’s shape, colour, scale and any markings, as well as who is using it.
Before moving on to the quiz, we recommend you to review the main takeaways of this module, and to check the additional resources provided under the “Materials” tab above.
Recommended resources:
● OSCE/ODIHR Handbook on Monitoring Freedom of Peaceful Assembly, Second Edition, “II.4. Policing of assemblies”.
● OSCE/ODIHR and Council of Europe Venice Commission, Guidelines on Freedom of Peaceful Assembly, Second Edition. Section B, Explanatory Notes: “6. Policing Public Assemblies”.
● OSCE/ODIHR Human Rights Handbook on Policing Assemblies
● OSCE/ODIHR Guide on Law Enforcement Equipment Most Commonly Used in the Policing of Assemblies
● OHCHR Guidance on Less-Lethal Weapons in Law Enforcement
● OHCHR, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
● Amnesty International, Use of Force: Guidelines for Implementation of the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (short version)
● Omega Research Foundation, Guide to taking photographs in the field
● Omega Research Foundation, Video on identifying equipment used by police and security forces
Handouts:
