A/HRC/22/53/Add.4
dialogue with the Special Rapporteur on the right to freedom of peaceful assembly and
association in June 2012. The Government also states that Ms. Sreenevasan and other
protesters did not request protection by the authorities in response to alleged acts of
harassment and intimidation. The Government further reported that Ms. Sreenevasan has
lodged only one police complaint with authorities, which alleged that a group of men
gathered outside her home some time after the demonstration to cook and discuss a set of
demands they indended to present to Ms. Sreenevasan. While the Special Rapporteur
appreciates the Government‟s reply, he regrets that the Government did not clarify
allegations that authorities in Kuala Lampur used excessive force, including beatings, tear
gas, water canons, to disperse a crowd of peaceful protesters. In this context, the Special
Rapporteur reminds the Government that law enforcement officials should apply non-violent
means before resorting to the use of force and firearms, as provided in principle 4 of the UN
Basic Principles on the Use of Force and Firearms by Law Officials. Furthermore, principle 5
provides that, “[w]henever the use of force and firearms is unavoidable law enforcement
officials shall, (a) Exercise restraint in such use and act in proportion to the seriousness of the
offence and the legitimate object to be achieved; (b) Minimize damage and injury, and
respect and preserve human life; (c) Ensure that assistance and medical aid are rendered to
any injured or affected persons at the earliest possible moment and (d) Ensure that relatives
or close friends of the injured or affected person are notified at the earliest possible moment.”
(Adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990). Accordingly, the
Special Rapporteur determines that the rights of Ms. Ambiga Sreenevasan and the media and
human rights defenders who were targeted have been violated. The Special Rapporteur calls
on the Government to ensure that persons are protected against any violence, threats, or
retaliation as a consequence of exercising their rights to freedom of peaceful assembly and
expression. The Special Rapporteur urges the Government to undertake investigation of the
alleged threats and intimidation, leading to prosecution and punishment of the perpetrators,
and to provide full redress to the victims.
Maldives
(a)
JUA 29/02/2012 Case No. MDV 2/2012 State reply: 21/06/2012, 27/07/2012 Alleged
excessive use of force by law enforcement authorities and the detention of protestors
belonging to the Maldivian Democratic Party (MDP).
89. The Special Rapporteur thanks the Government of the Republic of the Maldives for its
response, dated 21 June 2012, to the urgent appeal regarding reported excessive use of force
by law enforcement authorities seriously injuring at least 37 people, including the alleged
stabbing of Maldivian Democratic Party (MDP) member, Ms. Maria Mohamed Didi; the
beating of a member of Parliament, Mr. Bondey; and the serious injuries to another member
of Parliament, Mr. Moosa Manik. The Special Rapporteur expresses serious concern in light
of allegations that immigration officers did not allow MP Moosa Manik to board a flight in
order to receive necessary treatment due to the seriousness of his injuries. In its reply, the
Government does not dispute the alleged force used by the police during the demonstrations,
nor that MP Moosa Manik was injured as well as other civilians. However, the Government
attributes this to a fairly uncertain and chaotic climate and describes demonstrators as inciting
violent disorder and breaching the peace. The Special Rapporteur notes that the Government
has initiated an “independent Commission of National Inquiry to investigat the nature of the
alleged events, the findings of which will be forwarded to the Attorney-General and
Prosecutor General for appropriate legal proceedings. In this context, the Special Rapporteur
reiterates Principle 5 of the UN Basic Principles on the Use of Force and Firearms by Law
Officials, which states that “[w]henever the use of force and firearms is unavoidable law
enforcement officials shall, (a) Exercise restraint in such use and act in proportion to the
seriousness of the offence and the legitimate object to be achieved; (b) Minimize damage and
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