A/HRC/44/50/Add.4
to be undue restrictions to the right to freedom of peaceful assembly. The Special Rapporteur
looks forward to receiving a reply from the Government in due course, including information
on the factual and legal basis for the charges against the protesters referred to in the
communication.
80.
In joint communication NPL 3/2019 sent to the Government of Nepal on 28 October
2019, the Special Rapporteur raised concerns regarding the alleged excessive use of force by
police officers in Terai during the demonstration which took place on 29 June 2019 in
Ishwarpur Municipality 13, following the death of a twelve-year-old boy which reportedly
resulted from illegal sand mining. One protester was killed in the course of the police
response. The Special Rapporteur also expressed serious concern at allegations of
extrajudicial executions of two individuals in separate incidents. The Special Rapporteur
thanks the Government for its detailed reply dated 3 January 2020.
81.
Special Rapporteur jointly addressed a communication to the Government of Pakistan
on 25 February (PAK 1/2020), expressing concern in regard to the detention and prosecution
of Mr. Manzoor Ahmad Pashteen and other activist members of the Pashtun Tahafuz
Movement (PTM), a peaceful human rights movement defending the rights of the ethnic
Pashtun community in Pakistan. The charges against Mr. Pashteen reportedly related to a
speech he made on 16 January 2020, in which he allegedly referred to the Pakistani
Constitution as “wrong” and “against human rights” because it enshrined the rule of the
Punjabi majority and stripped members of the Pashtun minority of power. Peaceful protests
in response to Mr. Pashteen’s detention on 28 January, in Islamabad and in Bannu, were
reportedly met with excessive police force, and the arrest of 29 protesters. The Special
Rapporteur acknowledges the Government’s letter dated 23 April 2020, requesting an
extension of 60 days for the provision of its formal reply, as a result of delays linked to the
Covid-19 lockdown in the country.
82.
In communication TLS 1/2019 addressed to the Government of Timor Leste on 12
June 2019, the Special Rapporteur expressed his serious concern at the alleged unlawful
killings of four individuals by police and security personnel in two separate incidents in
October and November 2018 and injuries to several others, as well as a lack of access to
adequate health care for the injured and social assistance for the family members of the
deceased. The Special rapporteur further expressed his concern at reports of injuries to
peaceful protestors in the course of a demonstration by mobile street vendors on 2 April 2019
against restrictions which prohibit them from selling their goods in some of the city’s public
spaces. The police used teargas to disperse the protestors which resulted in several injuries.
Police stated the protesters had not informed the authorities of the planned protest, as is
required by law, and were demonstrating within 100 meters of government buildings, which
is prohibited in the Law on Freedom of Assembly and Demonstration (Law 1/2006). The
Special Rapporteur expressed his concern that this restriction may be neither necessary nor
adequate in the Timor-Leste context.
Freedom of association
83.
This report provides observations to communications sent by the Special Rapporteur
concerning the right to freedom of association to the Governments of China, Iran, the
Philippines, Thailand and Vietnam, during the reporting period.
84.
In the joint communication CHN 22/2019 addressed to the Government of China on
11 December 2019, the Special Rapporteur expressed serious concerns regarding the alleged
arbitrary detention, short-term enforced disappearance and formal arrest of Messrs. Cheng,
Liu and Wu, and the serious charges brought against them, which appear to be a direct result
of their human rights activism, in particular their advocacy for non-discrimination and the
rights of disadvantaged groups in the realization of their right to health. The Special
Rapporteur further expressed concern that their detention seriously undermines their right to
associate freely. Their treatment in detention is also a cause of concern, such as limits on
contact with their families and the legal representatives, as is the placement of Mr. Cheng’s
wife under residential surveillance and the investigation opened against her and Mr. Cheng’s
brother, which appear to be a result of their peaceful exercise of the right to freedom of
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