The Human Rights Defender’s staff of the Republic of Artsakh continues to focus on the issues related to the guarantee of the constitutional right to freedom of assembly underscoring the adoption of proper legislation and establishment of a proper law-enforcement practice.
The right to freedom of assembly of the Republic of Artsakh entered into force on July 12 and sufficient knowledge, maintenance and application of its requirements are of primary importance to all parties involved (local self-governing bodies, police, assembly (heads), bailiffs, etc.).
Analyzing the existing experience, the Ombudsman presents a number of considerations aimed at establishing a proper legal practice in the field of the freedom of assembly:
1.Citizens participating in an assembly must realize that it is the assembly organizer-head who decides the process of the assembly, including whether to give or not to give a vote to a citizen.
2.The assembly organizer (head) and the authorized police representatives must cooperate, inter alia, to ensure proper realization of police function to remove citizens from the place of assembly grossly violating the normal course of the assembly. This is especially important in terms of formulating a common and predictable practice of assessing the “gross” nature of the violation.
3.Bailiffs designated by the assembly organizer (head) shall bear signs defined by law and shall be explained their rights and obligations. Cooperation between the organizer (head) of the assembly and police is also desirable in this regard.
4.Obviously offensive calls and statements made in the course of the assembly are unacceptable and seriously endanger the culture of respect for human rights. The abuse of human rights by citizens, as well as human rights violations by officials is also dangerous from the point of view of the culture of respect for human rights.
|Copyright © www.ombudsnkr.am 2011-2018|
Website developed by CompService Ltd.