A/HRC/17/44
persons who had taken part in demonstrations, persons wounded, medical staff members
and other persons with relevant information. The Commission also had access to a variety
of reports prepared by other organizations in relation to recent events.
2.
Applicable law
74.
International human rights law prohibits arbitrary deprivation of life (article 6 of the
Covenant on Civil and Political Rights), guarantees security of persons (article 9 of the
Covenant) and prohibits cruel, inhuman or degrading treatment or punishment of persons
(article 7 of the Covenant). Excessive use of force by law enforcement officials (whether
police or military or other members of State security forces) impinges on these fundamental
guarantees. Specialized soft law standards, in particular the Code of Conduct for Law
Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials provide further guidance on this subject. Non-violent means are to
be used as far as possible before resorting to the use of force (principle of necessity), and
any use of force must be limited to that which is proportionate to the seriousness of the
offence and the legitimate objective to be achieved (principle of proportionality). Firearms
are to be used only in self-defence or in defence of others against imminent threat of death
or serious injury; to prevent a particularly serious crime involving grave threat to life; or to
arrest a person posing such a threat and who is resisting efforts to stop the threat, or to
prevent that person‟s escape. Before using firearms, law enforcement officials must identify
themselves as law enforcement officials and give a clear warning that firearms will be used.
Further, sufficient time must be provided for the warning to be observed, unless this would
unduly create a risk of death or serious harm to the officer or other persons, or would be
clearly inappropriate or pointless in the circumstances. 62 Explicit guidance is also provided
by the Basic Principles in relation to respecting persons‟ right to participate in lawful and
peaceful assemblies in accordance with article 21 of the Covenant on Civil and Political
Rights.63 Depending on the circumstances, particular violations might also amount to
constituent acts of a crime against humanity (e.g. murder or persecution) if committed as
part of a widespread or systematic attack against a civilian population with knowledge of
that attack (art. 7, para. 1 (a) and (h), of the Rome Statute).
3.
Factual findings
75.
The Commission has concluded that the Government‟s reaction, in seeking to
repress the demonstrations, involved the use of lethal force and that, in the early days of the
protest, there was little evidence to suggest that the protestors were engaged in anything
other than peaceful assembly. The Commission has not been able to determine the exact
numbers of casualties during the demonstration phase, in part because its access to places
and persons was limited, but also due to specific Government action taken in the aftermath
of the demonstrations which has limited available physical and documentary evidence. The
Commission received specific information concerning events in the following locations.64
62
63
64
24
See article 3 of the Code of Conduct for Law Enforcement Officials and Basic Principles on the Use
of Force and Firearms by Law Enforcement Officials.
If an assembly is unlawful but nonviolent, law enforcement officials must avoid using force, or where
this is not practicable, must restrict force to the minimum extent necessary. In the case of violent
assemblies, law enforcement officials may use firearms only when less dangerous means are not
practicable and only to the minimum extent necessary (principles 13 and 14, Basic Principles on the
Use of Force and Firearms by Law Enforcement Officials).
This listing of locations relates to places or events on which the Commission has gathered the most
information, in part due to the locations it was able to visit. However, this should not be taken to be
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