The statement by human rights organizations regarding the unlawful use of force against Hong Kong’s protesters
The protest rally took place in Hong Kong on June 12. More than a million people opposed the new bill, which allows for criminal extradition requests from authorities in mainland China and Macau. Protesters fear that, if adopted, these changes will be used for political persecution and pressure on social activists, journalists, pro-democracy politicians and businessmen.
Police applied excessive force to disperse mass protests. On numerous photo and video materials that were made by journalists of foreign publications, it was recorded that law enforcement officers targeted rubber bullets at the upper part of the bodies, heads and eyes, used special means and gas to injured people who did not show any resistance, deliberately applied violence to journalists, blocked the provision of medical aid to injured demonstrators.
In addition, 11 people were arrested on charges of mass riots, including those who were in medical institutions after the injuries. Among them was the administrator of a group chat on Telegram, which was used as one of the main communication channels by the protesters. Law enforcers forced the group administrator to transfer private data of about 30,000 of its members.
We draw attention to the fact that the right to peaceful protest is one of the fundamental human rights. That is why every state has a positive obligation to promote peaceful assembly and protect it. Any restrictions on the freedom of peaceful assembly must be proportionate, based on the provisions of the law and in line with international human rights standards.
The fact that some part of the protesters participated in sporadic acts of violence in response to provocations from law enforcement officers does not change the nature of the authorities’ actions regarding the use of unlawful violence against demonstrators.
“If the individual self-defence against prohibited violence were to entail loss of the ability to be protected from direct attacks, then the absurd consequence of this will be the legitimization of a previous unlawful attack. Therefore, the use of the necessary and proportionate force in such situations cannot be considered as a direct participation in hostilities” [1].
We draw the attention of international organizations and governments of different countries to the need for an immediate response to the human rights crisis in Hong Kong and publicly condemn the use of unlawful violence against demonstrators.
We emphasize the special responsibility of the United Kingdom and the People’s Republic of China, which, in accordance with the provisions of the 1984 Joint Declaration, guaranteed the preservation of democracy and the existing legal order within the framework of Hong Kong’s broad autonomy until 2047.
We call the human rights and civil society organizations of different countries for the international solidarity and consider it necessary to send international human rights missions to Hong Kong immediately.
[1]Nils Melzer, Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, International Committee of the Red Cross, 58-61 (May 2009).
Lists of signatures:
Сenter for Civil Liberties (Ukraine)
Public Association “Dignity” (Kazakhstan)
Helsinki Foundation for Human Rights (Poland)
Bir Duino-Kyrgyzstan (Kyrgyzstan)
Helsinki Association Armenia (Armenia)
KRF Public Alternative (Ukraine)
Promo LEX (Moldova)
Human Rights Matter (Germany)
Human Rights Center ZMINA (Ukraine)
Centre de la protection internationale (France)
Human Rights Center Viasna (Belarus)
Republic Institute (Ukraine)
Moscow Helsinki Group (Russia)
Crude Accountability (USA)
Human Rights Monitoring Institute (Lithuania)
Helsinki Citizens’ Assembly (Armenia)
International Partnership for human rights (Belgium)
Liberal Democratic League of Ukraine (Ukraine)
