CCPR/C/58/Add.6 page 110
Article 21
7. At the same meeting, a question was asked about the discretionary powers of commissioners of police in the dependent territories in respect of conduct of public meetings (CCPR/C/SR.857, para. 64). Restrictions on public meetings and the regulation and prohibition of processions is dealt with under the Criminal Offences Ordinance, sections 31-35. The Commissioner of Police, with the sanction of the Governor, may issue a notice forbidding any public meeting from assembling in any road or public place. The Governor may in writing authorize the Commissioner or any police officer to go to and remain as long as necessary in any premises where a public meeting is taking place or is about to take place, entering if necessary by force.
8. In relation to processions, the Commissioner may impose upon the organizers or participants such conditions as appear to him to be necessary for the preservation of public order; and if at any time the Commissioner considers that, by reason of particular circumstances existing in Gibraltar, the above powers are not sufficient, he can apply to the Governor for any order prohibiting the holding of all public processions or any class of public procession for up to three months.
9. Under the Traffic Ordinance, section 84, the Commissioner has power in certain circumstances temporarily to prohibit or restrict traffic on roads or in public places where any public procession rejoicing, parade, illumination, entertainment, etc., is taking place.
10.
Freedom of peaceful assembly is one of the oldest common law rights and there are no restrictions on the exercise of this right other than those prescribed by law (and outlined above) in the interests of the community as a whole and for the protection of the rights and freedoms of others. Common law, for example, forbids assemblies convened with the express object of effecting a breach of the peace.
11. The actions of the Commissioner are subject to judicial review in the Supreme Court of Gibraltar.
12. In relation to police disciplinary matters in general, new disciplinary regulations have been drafted and are at present being considered by the Governor with a view to implementation in the immediate future.