a place where they had lived for three months, all resulted in an escalation of the situation rather than a de-escalation. The Commission is of the view that had people been given a reasonable amount of time within which to disperse, and had been warned in advance that they would be removed with force if they do not comply, if there had been ways for old people, children, and other vulnerable people to leave the park, and then the protesters had still proceeded to attack the riot police with sticks, bottles, and other means, the police may have been justified in using limited, non-lethal force to arrest the specific persons who continue to resist removal. But under the circumstances as described, the use of indiscriminate force with no view to minimizing damage and injury and respecting and preserving human life, was neither necessary nor proportionate. In addition, even under circumstances where some level of force would have been justified, it would be necessary for the police to distinguish between the people who were acting violently and those who were fleeing, had surrendered, or were defenseless. The Commission finds that the State had violated the right to assembly under Article 11 of the African Charter. Analysis of Article 14 234. Article 14 guarantees the right to property, and states that it “may only be encroached upon in the interest of the public need or in the general interest of the community and in accordance with the provisions of appropriate laws”. 235. In relation to Article 14 the Complainants allege that the protestors were forcibly removed without an opportunity to take any of their belongings, were prohibited by the authorities to recover their property upon their release and have received no justification or compensation for this deprivation. According to the Respondent State a Committee of doctors of the Ministry of Health examined the remains of the belongings of the protestors and concluded that they were not valid for human consumption, pose a danger to public health and environment, and are a potential source of infectious diseases and epidemics and thus a decision was taken to burn them. The golden and valuable materials were placed in the court safe and other belongings were handed over to the Sudanese Embassy in Cairo to return to their owners. 236. The Commission is of the view that given the chaotic circumstances under which the Victims were removed, it was not possible for them to take their 66