Journal of Legal Research

Journal of Legal Research

Police Powers and Commitments in Controlling Violence arising from Assemblies: A Comparative Study of Iranian Law and International Human Rights Law

Document Type : Original Article

Authors
Mehrdad Ganjali Darani 1
Sattar Azizi 2
Shahram Zarneshan 3
1 PhD Student in International Law, Faculty of Literature and Humanities, Hamadan Branch, Islamic Azad University, Hamadan, Iran.
2 Professor, Department of International Law, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran.
3 Associate Professor, Department of International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.
10.48300/jlr.2022.344312.2066
Abstract
Freedom of association is one of the most important human rights of human beings, which also plays a serious role in the demand and realization of other human rights. In many cases, these rallies are held to protest participants against the government's policies. The peaceful holding of rallies and the important role played by the police and other security forces in securing them are among the important issues that need to be addressed. In some cases, some participants in peaceful rallies may resort to violence and the police may be forced to use force to maintain order and security. The fundamental question of this article is what are the powers and obligations of governments, especially in the use of force to control peaceful assembly? The research method of this research is analytical-descriptive and the method of collecting information is library. The results of this study show that Iran's domestic regulations are generally in line with human rights standards, but in some cases, there is a conflict between these regulations. In Law on the Use of Weapons by Armed Forces Officers, the police appear to use weapons to control illegal assemblies if other means are not effective, but in the human rights system, police can use force only in cases of legitimate self-defense.
Keywords
Peaceful assembly
Freedom of association
Right to life
Prohibition of torture
Police

1-       "Basic Principles on the Use of Force and Firearms by Law Enforcement Officials", Adopted by the Eighth United -Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, (1990). (in English)

2-       Casey-Maslen, S. and Connolly, S. "Police Use of Force under International Law", Cambridge University Press, forthcoming (3)(2017). (in English)

3-       Casey-Maslen, S. "Use of Force in Law Enforcement and the Right to Life: The Role of the Human Rights Council", Geneva Academy of International Humanitarian Law and Human Rights, (2016). (in English)

4-       "CCPR/C/GC/36, General comment  on article 6 of the International Covenant on Civil and Political Rights, on the right to life", (36) (2018). (in English)

5-       "Commentary (a) on Art. 3, (1979) Code of Conduct; and Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, A/HRC/26/36", (2014). (in English)

6-       "Committee Against Torture, Concluding observations on the fourth periodic reports of Turkey, CAT/C/TUR/CO/4", (2016). (in English)

7-       "ECHR, Shchiborshch and Kuzmina v Russia, First Section, Judgment", (2014). (in English)

8-       "ECtHR, Bouyid v Belgium", Grand Chamber, Judgment, (2015). (in English)

9-       "ECtHR, Nachova v Bulgaria", Grand Chamber, Judgment, (2005). European Code of Police Ethics, adopted by the Committee of Ministers of the Council of Europe on (2001). (in English)

10-   Eslami, Reza and Kamalvand, Mohammad Mehdi. "Challenges of freedom of assembly in Iran's legal system in the light of the international human rights system", International Legal Journal (31) (2013): 187-222. (in Persian)

11-   "Guidelines on Freedom of Peaceful Assembly", Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR),(2)(2010). (in English)

12-   "HRC/RES/31/37, OP2", Human Rights Committee, General Comment no 35 on Article 9 (Liberty and security of person), CCPR/C/GC/35, (2014): 17. (in English)

13-   "HRCttee, Concluding observations on the fifth periodic report of France", CCPR/C/FRA/CO/5, (2015):15.Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, A/HRC/26/36, (2014): 66. (in English)

14-   "HRCttee, Suarez de Guerrero v Colombia", Views, Comm no R.11/45, 9 April 1981, (40) (A/37/40) at 137 (1982). (in English)

15-   "Human Rights Handbook on Policing Assemblies", OSCE Office for Democratic Institutions and Human Rights, (ODIHR) ul. Miodowa, Warsaw Poland, (2016): 11-109. (in English)

16-   "IACtHR, Nadege Dorzema et al v Dominican Republic", Judgment (Merits, Reparations and Costs), (3)(2012): 85. See also N. S. Rodley with M. Pollard, The Treatment of Prisoners under International Law, 3rd edn, OUP, 2011. (in English)

17-   Rodley, N. S. "Integrity of the Person", in D. Moeckli et al (eds), International Human Rights Law, Oxford University Press (OUP), 2010. (in English)

18-   "Report of the Special Rapporteur on extrajudicial", summary or arbitrary executions, Christof Heyns, A/HRC/26/36, (2014). (in English)

19-   "The Basic Principles were adopted by the Eighth UN Congress on the Prevention of Crime and theTreatment of Offenders", Havana, (1990). (in English)

20-   "The 1979 Code of Conduct for Law Enforcement Officials was adopted by UN General Assembly Resolution 34/169", (1979). (in English)

21-   "Use of Force in Law Enforcement and  the Right to Life:  The Role of the  Human Rights  Council, Geneva Academy of International Humanitarian Law and Human Rights", Geneva,  (2016). (in English)

Journal of Legal Research
Volume 23, Issue 57
Spring 2024
Pages 111-134