Destruction against the Palestinian people

Reports from Gaza indicate that about 20,000 Palestinians have been killed in the Strip since Israel began bombing the Strip following the October 7 attack carried out by Hamas against Israel. The MSA fact-finding team is trying to clarify what the death toll in Gaza resulting from the war reveals.

On average, nearly 300 people have been killed daily in the Gaza Strip since the start of the war, excluding the seven days during which the shooting stopped, according to data from the Hamas-run Health Ministry in Gaza. The World Health Organization's Regional Emergency Director, Richard Brennan, says he considers the casualty figures contained in these reports trustworthy.

Counting the death toll is usually a challenge in any war zone, and doctors in Gaza say the death toll is likely to be much higher because it does not include bodies buried under the rubble of destroyed buildings or those that were not transported to hospitals.

Freedom of assembly and association

Every individual has the right to freedom of peaceful assembly and association, and this right is an essential component of democracy. The right to peaceful assembly includes the right to hold meetings, sit-ins, strikes, gatherings, events, and protests, whether online or in real life. The right to freedom of association includes the right of individuals to interact and organize among themselves to collectively express, promote, pursue and defend common interests. It also includes the right to form trade unions. Freedom of peaceful assembly and association constitutes an instrument for exercising many other rights guaranteed by international law, including the right to freedom of expression and participation in the conduct of public affairs. Article 20 of the Universal Declaration of Human Rights protects the rights to freedom of peaceful assembly and association.

The Libyan National Army must immediately stop forcibly evacuating residents and demolishing homes in downtown Benghazi and end reprisals and violence against demonstrators protesting these evictions.

The experts said: “Since March of this year, more than 20,000 Benghazi residents have been forced to evacuate their homes within a very short time by members of the Tariq bin Ziyad Brigade and the 20/20 Brigade, and they were also forced to give up their property or documents.” their own property.”

According to reports received by the experts, there were no prior consultations with the population concerned and the decision-making process was not publicly communicated.

The experts stated that “the deliberate demolitions, including of historical neighbourhoods, protected heritage sites and numerous residential units, have already caused irreparable damage to the urban architecture and living heritage of the city and have irrevocably affected the way of life of residents.”

The experts stressed, "We are deeply concerned about the suffering experienced by those who were forcibly evacuated, some of whom recently returned and renovated their homes, after being displaced to other areas and their homes damaged in 2014. This is extremely cruel."

According to reports, there is no compensation plan and the authorities did not provide the evacuated residents any assistance in securing new housing of the same value. Instead, residents who opposed or protested the evacuation plans were pressured into compliance or silence, including through power cuts, harassment, and violence.

“We remain deeply concerned about the reported prevention and dispersal of demonstrations and the arbitrary arrest and detention of some human rights defenders and residents who expressed opposition to the evacuation plans,” the experts said, adding that this “has sparked a general sense of fear that has spread among the population, and has had a chilling impact on Individuals, including residents, journalists, media workers and human rights defenders, who wish to express their opinions, demonstrate peacefully and participate in public life in Libya.”

The experts stated that "the destruction is spreading in a way that is extremely disturbing, and has already deprived the local population and all Libyans, as well as humanity, and the entire world, of important archaeological and religious sites and buildings that bear witness to the long and continuous history of human presence in this city."

They warned of the lack of transparency and accountability regarding the ongoing demolitions, as experts stated that “the identity of those carrying out the demolitions has not been identified and the affected areas remain closed to the public. There are allegations about the involvement of various local or foreign companies, but it is the authorities’ duty to clarify the situation and prevent more.” of wanton destruction and human rights violations.”

The United Nations experts stressed that evacuations carried out by military or other armed forces in themselves have questionable legality, and if they are followed by the destruction of civilian homes and civilian facilities, such evacuations entail criminal and other legal responsibilities.

To date, no investigations have been conducted by judicial authorities despite dozens of complaints being submitted to the Public Prosecutor since March 2023.

The experts have contacted the Libyan National Army, the House of Representatives and the Libyan government on these issues.

The Office of the United Nations High Commissioner for Human Rights says that the authorities in Peru must adopt meaningful reforms aimed at ensuring human rights in the context of demonstrations, continue efforts to achieve accountability, and enable a decentralized and inclusive national dialogue.

The report analyzed the behavior of security forces in the context of the protests that spread throughout the country, focusing on those organized between December 2022 and March 2023. The report concluded that the authorities in Peru restricted the human rights of demonstrators without any justification.

The report stated that security forces used unnecessary and disproportionate force, including lethal force, outside the circumstances permitted by international human rights standards. It also documented the use of less-lethal weapons, in contravention of international standards, which led to serious and even fatal injuries to demonstrators in some cases.

The Office of the United Nations High Commissioner for Human Rights documented 50 deaths and 821 injuries in the context of protests organized between 7 December 2022 and 31 March 2023, allegedly at the hands of security forces. It also documented the injury of 208 members of the security forces.

Criminal investigations were also opened against 241 people who participated in the demonstrations. 221 investigations have been closed, including fewer, since then due to lack of evidence. Among them are cases involving 192 people who were arrested at the University of San Marcos in Lima on January 21.

In April 2023, the authorities formed a specialized team within the Public Prosecutor’s Office to investigate alleged crimes committed in the context of the protests. Our Commission provides technical assistance in this regard. The team has opened 45 cases covering all those killed, as well as those injured in the context of the protests.

UN High Commissioner for Human Rights Volker Türk declared: “Those responsible for human rights violations must be held accountable through fair judicial procedures. Accountability is crucial to healing wounds and generating confidence in state institutions. Full reparation must be provided to the victims.”

The government provided economic support to the victims and their families, numbering approximately 266 individuals to date, identified with support from the Office of the United Nations High Commissioner for Human Rights.

Between 19 and 31 July 2023, a new wave of demonstrations swept across Peru, in which 64 demonstrators and 12 members of the security forces were injured. The report noted that indigenous communities were subjected to multiple acts of discrimination and restrictions on the right to peaceful assembly.

The report made recommendations to promote structural changes and reforms aimed at ensuring the right to peaceful assembly and ensuring that any use of force is consistent with international human rights law. The report also recommended strengthening internal accountability mechanisms, ensuring impartial and effective victim-focused investigations, and addressing deeply rooted and systemic problems of racism and discrimination against indigenous peoples and farmers, who constitute the majority of protesters.

“It is absolutely necessary to address the injustices and concerns facing Peruvian society from all walks of life,” Türk emphasized. “A comprehensive and inclusive national dialogue must be launched. This is the only way forward. Everyone must feel that their voices are heard and that they are represented in society in order to put an end to the political crises.” "And I look forward to continued cooperation with the authorities and society as a whole in Peru to achieve these goals."

The United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Clement Nyaltsossi Fall, will conduct an official visit to Algeria from 16 to 26 September 2023.

During his visit, Mr. Faul will assess compliance with the rights to freedom of peaceful assembly and association, including the legal framework relating to these rights, and the challenges and opportunities for protecting these rights.

The expert will focus on the ability of civil society organizations, trade unions and political parties to operate freely, as well as measures to protect the right to peaceful assembly.

Mr. Faul will also meet with government officials, members of the legislature, the judiciary, monitoring bodies, members of the United Nations country team, and others such as civil society actors, journalists, academics, lawyers, unions and political parties. Mr. Fall will visit Algiers and other cities.

At the end of his visit, the Special Rapporteur will make his initial remarks during a press conference held at 12 noon (local time) on 26 September at the United Nations Headquarters in Algiers, where access to the conference will be limited exclusively to journalists.
The Special Rapporteur will also submit a comprehensive report on the visit to the Human Rights Council in June 2024.

Human Rights Watch said today in a letter addressed to the Egyptian presidency and the Minister of Justice that the government’s draft law related to demonstrations imposes severe restrictions on the right to peaceful assembly and will increase police violence.
The letter analyzes the shortcomings of the draft law in light of Egypt’s obligations related to human rights and international legal standards, and calls on the government to amend it. The Ministry of Justice drafted the “Law Protecting the Right to Peaceful Demonstration in Public Places,” and the Cabinet approved its final draft on February 12, 2013. The draft was then sent to the Shura Council, Egypt’s legislative council, on February 17.

“This law as currently drafted will restrict a basic human right and limit the ability of Egyptians to continue to demand livelihood, freedom, and social justice,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “Governments have the right to organize demonstrations, not ban them.” For artificial reasons or to exclude it from the sight and hearing of any government building.”

It is not possible to determine when the law will be passed as the Shura Council's legislative agenda, procedures and timeframe are all ambiguous. In an interview with the independent Egyptian daily newspaper Al-Shorouk on February 19, Ahmed Fahmy, head of the Shura Council, said: “There is no law that calls for haste except the election law... and I am a strong supporter of reducing legislation as much as possible during this period, until the House of Representatives is elected.” .

The draft law's main deficiencies are vague language in Article 4 that prohibits demonstrations leading to disruption of "citizens' interests" or traffic, or assault on freedom of action. Human Rights Watch said that what is most problematic is that any violation of Article 4 allows the police to disperse the demonstration by force. Human Rights Watch said this effectively amounts to collective punishment of protesters, since a single protester assaulting a police officer would be sufficient reason for police to disperse the entire demonstration, even if the vast majority of protesters were peaceful.

Article 9 of the draft law prohibits demonstrators from approaching up to 200 meters from government, legislative, or judicial buildings, in addition to local government headquarters. Human Rights Watch said that this restriction will remove the demonstrators from the sight and hearing of almost any official in the country, which is an exaggerated condition and represents a fundamental restriction on the right of citizens to deliver a message to officials through peaceful assembly.

The draft law also lists in Article 13 a list of crimes previously fully criminalized in the Penal Code, such as trespassing on public or private property, and imposes an additional penalty, which is imprisonment for a period of not less than a week, and a heavy fine ranging between 20 and 50 thousand Egyptian pounds (3,000-7,400 US dollars). ), for any violation of the provisions of Article 13.

 
Article 13 also prohibits protesters from wearing masks or covering their faces, which clearly discriminates against Egyptian women who wear the niqab. When Justice Minister Ahmed Mekki was asked about this in a live interview on Egyptian television station CBC, the minister replied that anyone who wears the niqab must “stay at home.”
Article 5 of the draft law requires that demonstrators provide written notice three days before the demonstration, and Article 8 stipulates that the Ministry of Interior must go to a judge to cancel a demonstration. However, the article does not require that the judge issue his ruling at an appropriate time within the three-day period, which would raise ambiguity about the legal status of the demonstration. The law also fails to provide an exception for smaller demonstrations that do not cause any confusion, nor for urgent, spontaneous demonstrations in response to news, according to Human Rights Watch.

The law also fails to set clear limits on how police can use force to disperse demonstrations, in terms of the method used or conditions for escalation in the police response, Human Rights Watch said. Instead of stipulating a clear obligation for the police, consistent with international standards, to use force only if non-violent means prove ineffective and “to exercise restraint in such use and to act in proportion to the gravity of the offence,” Article 15 merely proposes that “as far as possible” the police take measures that begin With warnings, including water cannons and tear gas.

Article 16 also stipulates that police may use more force than the Penal Code and Police Authority Law provide, giving police excessive discretion to use live ammunition to disperse demonstrations, Human Rights Watch said. The UN Basic Principles on the Use of Force by Law Enforcement Officials state that the intentional lethal use of firearms is permissible only “when absolutely necessary to protect life.”

The draft law also limits the right to demonstrate to Egyptians only, as it is stated in Article 2 that “citizens have the right to call for, organize, and join demonstrations.” Human Rights Watch said that this text is discriminatory, as international law provides this right to any person on the soil of any country.

Minister of Justice Counselor Ahmed Mekki invited NGOs, including Human Rights Watch, Amnesty International, and the Cairo Center for Human Rights Studies, as well as the United Nations Office of the High Commissioner for Human Rights, to comment on the draft law on February 5. On February 10, Human Rights Watch sent a letter to the Minister of Justice highlighting where the draft law fell short of the requirements of international human rights law and making recommendations for review.

In the 1990s, Thailand gained a reputation as an emerging democracy in Southeast Asia that respected freedom of expression. This is no longer the case. The five years following the 2014 military coup have been characterized by intense government repression of those seen as political threats, whether opposition politicians, activists seeking a return to democracy, or online critics of military rule. Beginning with week-long "attitude adjustment" sessions imposed on opponents of the coup, the junta, called the National Council for Peace and Order, sought to intimidate and silence opposition to its rule through harassing criminal charges and arbitrary trials. The arbitrary closure of television, radio and Internet stations, and the censorship of online content.

The new civilian government, elected in March 2019, was supposed to generate hopes for comprehensive reforms. Instead, a rigged election process ensured the re-election of the junta's prime minister, General Prayut Chan-ocha, who has shown no sign of softening his tough, strict approach to freedom of expression.

According to documentation by Thai NGO iLaw, authorities have summoned at least 929 people to participate in “attitude adjustment” sessions since the coup, while others have been threatened, harassed and followed. When intimidation failed, the junta used a combination of criminal laws, new martial law decrees, and the 2014 interim constitution to arbitrarily arrest, detain, and prosecute its critics. The government's position was clear. On September 10, 2015, Prime Minister Prayuth told the media that he would not tolerate criticism of his government: "No one can oppose me. If they do not learn that, they will be detained again and again... I may shut their mouths too."

Prosecutions for sedition, a law rarely used before the coup, have risen dramatically, with any criticism of the military rule or junta treated as a basis for bringing charges. Authorities brought sedition charges against activists critical of the coup and demanding elections, lawyers providing legal assistance to peaceful protesters, administrators of a satirical Facebook page, and opposition politicians disparaging the performance of the National Council of Resistance. As one of the defendants said: “Everything against the CTO is sedition.”

Charges of criminal defamation and “spreading false information” have been brought against individuals who criticize the junta’s performance or make allegations of corruption, while private companies have emulated the authorities and aggressively used criminal libel laws against workers and human rights defenders seeking to raise awareness. Labor abuses or other violations by private industry.

Prosecutions under Thailand's strict lese majeste law, which prohibits insulting the monarchy, have also expanded under the junta, as have court-imposed sentences for such crimes. Between 2014 and April 2018, Thai authorities arrested at least 105 people on lèse-majesté charges, mostly for publishing or sharing critical comments online about the monarchy. Some defendants charged under lèse-majesté for critical Facebook posts have been sentenced to decades in prison.

Peaceful protesters also faced arrest, harassment, and criminal prosecution. Immediately after the coup, the junta ordered a ban on political gatherings of more than five people, a ban that remained in place until December 2018. Hundreds of peaceful protesters were arrested and charged with violating this ban, and some were also charged with violating the constitution. Public Meetings Act 2015, sedition, and other criminal laws.

Under an order issued by the National Council of Resistance three days after the coup, those accused of sedition, lese majeste, or violating junta orders faced trial before military courts, rather than civilian criminal courts. “Being in a military court was a fantasy,” said pro-democracy activist Sombat Bunjaranong. “I never expected that civilians, let alone activists, would end up in military court.”

On September 12, 2016, the NCPO transferred jurisdiction over such cases to civilian courts for any new crimes, but many civilians continued to face trial in military courts for alleged crimes that occurred before that order. It was only on July 9, 2019 - more than five years after the coup - that Prayut ordered an end to all prosecutions of civilians in military courts and the transfer of ongoing cases to civilian courts. Those convicted before military courts had no right to appeal their convictions.