refugees at UNHCR. The State alleges that the Regional Director of the
UNHCR made a statement in which he indicated that the protestors included
persons who do not meet the refugee criteria as well as illegal migrants, that
he was concerned about the security of his staff members and that the protests
were impacting on the ability of the UNHCR to assist other refugees and
asylum seekers.
122.
According to the Respondent State, on the night in question, security forces
arrived at the location at around 00:30, and the negotiation team started
negotiations using microphones with the protestors at 00:45 on 30 December
trying to convince the protestors to take the buses to places where they would
be categorized and their legal status checked. The Respondent State alleges that
at 01:15 the protestors started chanting hostile slogans and protestors started
instigating others among them not to comply with the instructions to disperse.
The confirm that at 02:30, 03:20 and 03:35 water cannons were used to disperse
people, although it was not aimed directly at people. The shooting of the water
cannon was allegedly interspersed with warnings to leave the park. The State
avers that at 03:35 another round of negotiations took place in the presence of
two representatives from the Sudanese Peoples’ Liberation Front. According to
the State, at 04:45 some of the protestors threw empty bottles, pans, big wooden
sticks, gas cook bottles and fire balls towards the troops, resulting in the troops
having to end the protest. The State admits that there was a lot of chaos in the
park due to the large number of protestors and their belongings which were
crowded into the park. They further assert that some of the protestors were
drunk or under the influence of drugs.
123.
The Respondent State alleges that the protestors showed violent resistance
against the troops during the process of dispersal and that the dispersal
occurred under a security cordon around the location, which provided security
support to the troops and assisted “in the prevention of protestors infiltrating
into an area which could cause a disturbance to public security or block the
traffic, given the importance of the area in which they were located.”
124.
According to the Respondent State the process of ending the assembly had led
to the death of twenty-seven (27) Sudanese, including eleven (11) children, in
addition to seventy three (73) who were injured and who received immediate
medical care, three of whom were admitted to hospital. The Respondent State
31