46 47 179. The State has submitted that there was a lot of chaos in the park due to it being cramped by the protesters and their families as well as all their belongings. In addition, it had not contested the assertion by more than one of the Victims that when they enquired about the police presence in the park during the day, they had been told it was for their protection, as a counter-protest against them was being planned. The police then waited until the middle of the night to tell the protesters that they would immediately be removed, but would not provide any guarantees as to where they would be removed to. It should come as no surprise if under such circumstances the protestors would insist on receiving information on where they would be taken. 180. Furthermore, by cordoning off the area and not providing any means of escape, the police should have foreseen that this may result in people resisting, and attempting to defend and protect themselves. This is also contrary to a deescalation strategy. 46 By using water cannons which not only served as a warning but which also caused pain and confusion in the crowd, the law enforcement tactics were clearly escalated. When the State moved in to “end the protest”, they were aware that there were women and children among the protesters. It is also not clear from the submissions of the State whether there was any proper chain of command which ensured that the rounding up of the protesters happened in an orderly fashion. While the weapons used by the police were of a lesser fatal nature than firearms, it is clear from the evidence of the Victims that its use was indiscriminate, resulting in abuse. For all these reasons, the Commission finds that even in instances where death resulted from asphyxiation and trampling only, the State still bears the responsibility for this as they had not taken sufficient steps to prevent such a situation from developing and protect the lives of the protesters. 181. The third duty in relation to the right to life is the duty to investigate killings. The General Comment provides that the State must take steps to “conduct prompt, impartial, thorough and transparent investigations into any such deprivations that may have occurred, holding those responsible to account and providing for an effective remedy and reparation for the victim or victims, including, where appropriate, their immediate family and dependents”.47 Para 20.4 of the Guidelines for the Policing of Assemblies by Law Enforcement officials in Africa. Paras 7 & 17 of the General Comment No. 3 on the Right to Life. 48