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