of protestors swelled from around five hundred to nearly three thousand
(3000) over a period of three (3) months as many protestors brought their
families. The State alleges that as a result, the park in a residential
neighborhood became a permanent shelter for the protestors, who committed
many crimes against residents of the neighborhood. The State further alleges
that the protest caused health, security and environmental hazards. The State
submits that inhabitants were subjected to illegal actions by the protestors who
acted in contravention of public order and public morality. The State proceeds
to list nine cases where the protestors were involved in quarrels, public alcohol
consumption and similar misdemeanors.
116.
The State submits that in keeping with its commitment to provide protection
to the UNHCR and to avert the harm and danger posed by the protest, the
authorities sought diligently to put an end to the protest through peaceful
means, including proposing alternatives to the unrealistic demands made by
the protestors and bringing in Sudanese and Egyptian government and nongovernment officials to mediate the stand-off. After three months of initiatives
to end the protest, the Respondent State submits that it was left with no option
but to break up the unlawful sit-in protest because of (1) the ongoing health,
security and social hazards, as well as a park being an inappropriate place to
live, (2) the failure of reaching an agreement with of the protestors due to their
unrealistic demand and (3) repeated requests from UNHCR to the State to end
the protest to protect its Staff. The State in addition submits that the public park
is inside one of the main squares in Cairo where many embassies, banks,
hospitals and different financial and commercial activities are located.
117.
The Respondent State alleges that in a bid to ensure the safety of the protestors
as well as the citizens residing in the neighborhood, the operation to remove
protestors was carried out gradually. The State avers that many incidents
occurred because the protestors resisted and confronted the forces charged
with transferring them to another shelter equipped for such a purpose as well
as “their pushing and running”, resulting in deaths and casualties among the
protestors, casualties among the police and widespread damage to public
property.
118.
The State further avers that following the incident, the State has, through senior
government and non-government officials on more than one occasion
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