They further submit that no evidence has been provided by the State to
demonstrate that the protestors posed a threat to national security or the other
interests enumerated as justifying limitations under the Charter and thus that
there was a violation of Article 11. In any case, the Complainants argue, the
manner of the removal of the protestors, the level of force employed against
protestors, the deaths and injuries sustained and the subsequence detention
and treatment were unnecessary and disproportionate limitations on the right
to assemble.
Alleged violation of Article 14
109.
In relation to Article 14, which guarantees the right to property, the
Complainants allege that the protestors were forcibly removed without an
opportunity to take any of their belongings, were prohibited by the authorities
to recover their property upon their release and have received no justification
or compensation for this deprivation and that this severally and cumulatively
amount to a violation of Article 14.
Alleged violation of Article 16
110.
Regarding the right to the best attainable standard of physical and mental
health pursuant to Article 16, the Complainants argue that this can be violated
though direct action by the State or others insufficiently regulated by the State
which cause positive harm to health and by failures to supply adequate access
to health care. The Complainants submit that the acts of the authorities during
the removal and the subsequent denial of adequate medical care violated the
right of the Victims to physical and emotional health. Specifically, the
Complainants submit that the Fourth Victim was not provided with medical
care when his eye was injured and the Seventh Victim’s lungs were affected by
the beatings at the hands of the riot police, and as a result of on-going lack of
medical care, he remains weak and suffers from fainting spells.
Alleged violation of Article 18
111.
Regarding Article 18 on the sanctity of the family, the Complainants submit
that the Respondent State violated the duty to protect all families within its
jurisdiction through the decision to break up the protest and the manner of its
execution, including the method used of dispersing the protestors, which had
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