64 219. The Complainants submit that they were exercising this right by way of peaceful sit-in in the square, and that the onus is on the Respondent State to prove that interference with this assembly was justified, based on the limitations on this right in the Charter, through providing evidence to demonstrate that the protestors posed a threat to national security or the other interests enumerated as justifying limitations under the Charter. In addition they argue that the manner of their removal, 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. 220. The Respondent State in return submits that after three months it was left with no option but to break up the unlawful sit-in protest for the reasons set out in paragraph 116 above. In addition they make reference to illegal actions by the protestors who acted in contravention of public order and public morality.64 The State’s justification for the manner in which the protest was broken up has been sufficiently elaborated in discussions above. 221. The facts which are agreed on between the parties is as follows: the protestors were allowed to have a sit in protest for three months, during which there were negotiations between the protesters, the State and UNHCR, but they were not able to reach a resolution to the disagreement. The State then decided to end the sit-in protest and the police were deployed to end the protest and remove the protesters from the park. During the removal process, people were injured and some succumbed to their injuries. 222. It is clear from this exposition that for three months the Victims were allowed to exercise the right to assemble peacefully, without any interference from the State in this right. This tolerance by the Respondent State should be commended, particularly given, as submitted by the State, that the park in which the sit-in took place was inside one of the main squares in Cairo where many embassies, banks, hospitals and different financial and commercial activities are located; the various attempts made by the State to bring the protest to a peaceful conclusion through arranging talks and mediations; and additionally the various calls by UNHCR to end the protest. Including involvement in quarrels, public alcohol consumption and similar misdemeanors. 61

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