6.4. Prevention of Torture, Cruel, Inhuman and Degrading Treatment or Punishment:
As stated in the affidavits provided by the complainants and corroborated by the photographic
and video evidence presented, inhuman and degrading treatment was inflicted on the students,
causing physical injuries.
In the given video footage, weakened students lying on the ground are seen being brutally
attacked over and over by several police officers who were surrounding them. This issue must be
given serious consideration.
It can be observed, as is noted in the MLR of the 9 students, they suffered injuries on their backs
and the backs of their heads, arms and legs. This indicates the students that were attacked were
attempting to escape the police, not charging at them.
6.5 Other factors:
The respondents stated that 6 police officers were injured during the incident and were admitted
to the hospital for treatment. The HRC requested the respondents to submit their Medico Legal
Reports before 2015/11/24. Since the respondents only submitted medical certificates and not
MLRs, the Commission could not reach a conclusion on this matter.
The respondents accepted before the Commission that it was their duty to disperse such an
assembly for which they take full responsibility.
7. Legal Findings
7.1 Article 3 of the 1978 Constitution
7.1.1 Prevention of Torture, Cruel Inhuman and Degrading Treatment and Punishment.
Attention should be drawn to the fact no person should be treated in an inhuman and cruel
manner as guaranteed under Article 11 of the 1978 Constitution.
By referring to the statements presented by both parties and the facts uncovered at the
investigation conducted by the Commission, it can be established that the police brutally attacked
students that were weakened by tear gas and water cannons, using batons and wooden poles.
They attacked the sensitive parts of the student’s bodies (head, back, etc.). This is corroborated
by the photos and video evidence. Furthermore, when considering the MLRs it can be observed
that the injuries were caused by blunt instruments. Most of these injuries were in the back and
sensitive areas of their body. Based on the above observations, it can be affirmed that the actions
of the respondents amounted to torture, cruel, inhuman and degrading treatment and punishment.
7.1.2 Equal Protection of the Law and Right to Equality
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