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the International Covenant on Civil and Political Rights Committee, has stated the
gathering where pushing others or obstructing movement of traffic to disrupt daily
activities is not considered violence. Therefore, both these forms of assembly
constitute the exercise of rights and freedoms in peaceful assembly and without
weapons under the Constitution. At a protest on July 16 2021, some demonstrators
were beaten and kicked while protesters were also attacking non-uniform police
officer with bricks. Such acts are considered of violence nature. This may be
because the said police officer explained that he did not wear a uniform to perform
arrest duties until any incident occurred.
The form of rally that clearly has led to violence included the assembly
with no clear leadership. Following announcement of ending rallies, and police
announcement to disperse protest if not leaving the area within the set time,
protesters were seen to use force. These included the owning of
weapons that
resembled bombs, ping-pong and flammable objects (flammable bombs) which
protesters threw at police officers and caused danger to the lives and bodies to
people being in that area. It also caused damage to government properties and
those living in the vicinity of the assembly area. This form of demonstration is
considered a violent demonstration. It is not a peaceful and unarmed assembly
under the constitution, in which the competent authorities may use law enforcement
measures to manage or control the assembly according to the law. Police measures
to respond to such event shall be in accordance with the law based on the principles
of suitability and proportionality. Police must also consider that they must minimize
the impact on the rights and freedoms of the protesters, especially when it comes
to the enforcement and treatment against children or minor in that area. The
principle of necessity and proportion as well as the suitability and the best interests
of the child should be considered at all means. In addition, there should be
sustainable measures to solve problems by creating open spaces for dialogue in
order to listen to the voices and opinions of the children and youth that have come
out to demonstrate.
3. Opinions on impacts and remedies.
Examination found that the effects of rallies and dispersal have
resulted in death, dismemberment and death, and the physical and mental injuries
of both the protesters and the police. This include Residents near the collision site