A/HRC/44/50/Add.4
provided in its response, however, he regrets that the response represents a denial of the
allegations raised.
26.
In Malawi, the Special Rapporteur expressed his concern in relation to allegations of
arbitrary arrest and detention of the three human rights defenders which seemed to be directly
linked to the call for peaceful demonstrations on 25 March 2019 (MWI 1/2020). Furthermore,
he is worried that these alleged acts might have a chilling effect on civic space since the
arrests may be an attempt to delegitimise and criminalise human rights defenders for the
exercise of their rights to freedom of peaceful assembly in the country.
27.
In Niger, the Special Rapporteur raised his concern over allegations of arrest and
detention of 8 civil society leaders for exercising their rights to freedom of peaceful assembly
and of association as well as recurrent bans on demonstrations in Niger (NER 1/2020). He is
deeply preoccupied that the majority of those prosecuted, even if they are granted provisional
release, will remain with a judicial precedent, which can be reactivated and be grounds for a
harsher sentence in the event of recidivism, including for the mere exercise of the right to
freedom of peaceful assembly. The Special Rapporteur also expressed concern about a series
of legal prohibitions on peaceful demonstrations, which state that a prior declaration must be
made to all demonstrations on the public highway with the exception, however, of gatherings
organized during electoral campaign.
28.
On 15 March 2020, members of civil society took part in a demonstration to call for
investigations into alleged misuse revealed by a Ministry of Defence audit. The request for
authorisation for this demonstration had been presented to the authorities on 9 March 2020
by the NGO Tournons la Page Niger as required by a law related to demonstrations on the
public highway. According to article 5 of the said law, "if the authority vested with police
powers considers that the planned demonstration is likely to seriously disturb public order, it
shall prohibit it by means of a reasoned order which it shall immediately notify to the
signatories of the declaration at the elected domicile. According to the information received,
the competent authorities did not release on this specific request for a demonstration,
however, a decision of the Council of Ministers of Friday, March 13, 2020 prohibited "any
gathering of a political, cultural or sporting nature likely to bring together more than 1,000
people" and this, as part of prevention measures against the coronavirus pandemic.
29.
In Nigeria, the Special Rapporteur expressed his concerns over allegations of
excessive use of force by Nigerian police officers against members of the Islamic Movement
in Nigeria (IMN), during a demonstration in Abuja on 22 July 2019 (NGA 5/2019). He is
further concerned that such demonstration resulted in a killing of a Deputy Commissioner of
Police, a journalist and an unknown number of IMN member; and during the Ashura
processions in different cities of Nigeria on 10 September 2019. In particular, he expressed
serious concerns over allegations about several deaths occurred in police custody.
Furthermore, there is significant cause for concern that due process and fair trial guarantees
may have not been followed in some or all of the above-mentioned cases that went to court.
30.
In Zimbabwe, the Special Rapporteur raised serious concern regarding allegations of
arbitrary detention and ongoing judicial proceedings against human rights defenders in
Zimbabwe as a result of exercising their legitimate and human rights activities (ZWE
4/2019), in particular by the alleged use of treason charges to criminalise their work
defending human rights in Zimbabwe. Furthermore, he is preoccupied by their alleged arrest
coinciding with their return from human rights related training abroad. He also expressed
concern by the allegations of the denial of adequate medical treatment to Ms. Rita Nyampinga
while she was in detention.
Freedom of association
31.
This report provides observations to communications sent by the Special Rapporteur
concerning the right to freedom of association to Cameroon and Côte d’Ivoire, during the
reporting period. The Special Rapporteur thanks the Government of Côte d’Ivoire for its
reply dated 21 April 2020.
32.
Allegations of arbitrary arrest and detention during protests were also raised by the
Special Rapporteur with the Government of Côte d’Ivoire (CIV 1/2020). The Special
Rapporteur expressed deep concern about the arrest and deprivation of liberty of 18
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