conducted an investigation on the events of that day. Following are the findings of the
investigation of which a report was shared with relevant authorities on 28th May 2012:
a) While Article 7(a) and 11 of the Police Act (No. 5/2008) clearly prohibits any form
of torture, cruel, inhuman, degrading treatment and punishment, the HRCM’s
investigation into the events of February 8, 2012 is conclusive of the fact that
police used excessive, unnecessary, disproportionate force in dispersing the
demonstrators.
b) The HRCM notes that the actions of the protesters did not reach the level of
those to be restrained using less lethal weapons as stated in the Article 14 of the
Police Act. However, it was noted that the protesters including those who did
not resist being arrested or those who were not a threat to the Police or a
civilian, were all controlled using batons and tear gas.
d) HRCM notes that the police responded with physically and mentally harmful
force towards some political activists who did not show any resistance. Although
the Police Act states that female arrestees should be handled by female police
officers, it was noted that a disproportionate number of male officers were
involved in arresting female protesters in ways which were not only mentally
and physically harmful but also degrading.
154. State should expedite the enactment of the new bill on the Right to Assembly. State
should take action against those officers who violate the laws without affording them
impunity. State needs to review the existing public order training to incorporate
international best practices and human rights standards. In addition, the State needs to
disseminate information and raise awareness on the rights and responsibilities with
regard to Freedom of Assembly.
Chapter: Article 21: Freedom of Assembly
c) According to the Article 10 (a), (b) and (c) of the Regulation on Use of Force and
Firearms, protesters should be advised to stop their actions and warned before
weapons are used to give sufficient time to disperse and leave the area. It was
noted that the protesters were advised by police before they disperse the crowd.
Nevertheless, the protesters were not given enough time to leave the area nor
were they given the warning that force and weapons will be used to disperse
them. In addition to this, even though Article 10 (4) states that if the situation is
such that the Police have to use force and weapons to disperse protesters
without giving them prior warning, the HRCM is of the opinion that that the
circumstances of that day did not require the Police to disperse the crowd
without prior warning. HRCM also notes that the actions of the Police were
unlike any other seen before in dispersing a protest.
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