April, 2006

Human Rights Violations during the Policing, Arrests, and Detentions during the WTO Protests in Hong Kong, December 2005 - A Summary of the Submission to the 86th Session of the U.N. Human Rights Committee

Hong Kong People's Alliance on the WTO and the Asian Human Rights Commission

The Hong Kong People's Alliance on the WTO (HKPA), of which the Hong Kong Christian Institute (HKCI) is a member, and the Asian Human Rights Commission (AHRC) made a submission to the U.N. Human Rights Committee to express our concern about the human rights violations committed by the Hong Kong police against demonstrators opposed to the policies of the World Trade Organisation (WTO) at the WTO's sixth ministerial conference in Hong Kong, especially during the arrest of more than 1,000 protesters and their detention on Dec. 17 and 18, 2005. The major human rights issues raised in the submission are highlighted below.

Restrictions on the Freedoms of Expression and Assembly

The police delayed the approval of areas for assemblies and rallies for the People's Action Week during the WTO session. Moreover, once areas for assemblies and rallies were approved, they were far from the Hong Kong Convention and Exhibition Centre where the WTO ministerial conference was held. The police even designated areas surrounding the convention centre as closed areas.

The police questioned hotels, camps and car rental companies about their arrangements with organisations taking part in the People's Action Week. After the questioning, several reservations were cancelled. The police even asked some camps to give them the lists of names and daily schedules of these organisations.

The undue delay of the approval of visas for some overseas participants for the People's Action Week greatly limited their participation. Many participants from India, Indonesia, Thailand, the Philippines, Sri Lanka and France were interrogated by Hong Kong Immigration Dept. officials upon their arrival and were made to stay in the airport for up to seven hours.

Excessive Use of Force and Weapons by the Police

According to the Hong Kong police, 700 bottles of pepper spray, six beanbag rounds and 34 tear gas grenades were used throughout the ministerial conference in Hong Kong, an excessive amount given the primarily peaceful actions of the majority of demonstrators.

Pepper spray was the most frequently and excessively used weapon. Many protesters were attacked directly in their eyes with this weapon. In addition, tear gas was excessively fired on the crowd in Central Plaza and Gloucester Road on Dec. 17. Not only were the protesters affected but passers-by as well.

Many injuries were caused by police violence during the Dec. 17 rallies. Victims were sent to the hospital with bloodied heads and fractured arms and legs.

Arbitrary Arrest and Detention of Protesters on Dec. 17 and 18

At about 10:00 p.m. on Dec. 17, 2005, the police confined more than 1,000 protesters on Gloucester Road. On a cold night, the protesters were kept on the street overnight. The arrests finally began at approximately 3:30 a.m. and finished only at about 1:00 p.m. on Dec. 18. After the mass arrest, the police detained the protesters in police stations all over Hong Kong and at the Kwun Tong Magistrates' Court. All of the female detainees and a Korean child—188 people—were released at about 1:00 a.m. on Dec. 19. The police released all of the remaining detainees—994 people—in the late evening of Dec. 19, except 14 detainees who were kept for further investigation.

The police did not have reasonable grounds to arrest more than 1,000 protesters. Most people demonstrated peacefully and did not take part in confrontations with the police. Afterwards, only 14 protesters, among the more than 1,000 arrested, were considered to have violated Hong Kong's laws, and finally just two of them were prosecuted.

Moreover, the arrests were carried out arbitrarily and discriminatorily. For example, during the confinement of protesters on Gloucester Road, there were many instances in which the police allowed Hong Kong citizens and local resident ID cardholders, as well as protesters from Western countries, to leave but prohibited protesters from Asian countries from doing so.

Inhuman and Degrading Treatment of Protesters during the Arrest and Confinement of Demonstrators on Gloucester Road

During their overnight confinement on the street, the protesters were rejected access to toilets.

No food and water were provided to the protesters, except for a limited number of biscuits provided by the police after repeated requests by the demonstrators.

No blankets were provided to the protesters who suffered from the very cold weather that night.

No medical attention was provided to protesters despite their requests.

Protesters were handcuffed with so-called plastic straps at the time of their arrest and remained handcuffed until arriving at the police station or detention facilities.

After being arrested, many protesters had to ride or wait in police vehicles for more than 10 hours before being put in detention cells.

Inhuman and Degrading Treatment of Protesters in Detention

In most places of detention, the cells were overcrowded with some cells having more than 30 people. People had to sit on cold cement floors and could not lie down to rest. Moreover, detainees were kept in these cold conditions with their socks removed and without enough blankets. Many people also had to share one toilet, which was inside the cell and openly exposed to others.

Many female detainees were forced to take part in a humiliating search-and-seizure procedure. Police officers, for instance, asked some women to lift their bra and pull down their underpants for inspection. A group of women were even body-searched in the presence of male detainees.

Some detainees complained of being beaten by police officers.

Deprived of the Basic Rights of Detainees

The detainees were not clearly instructed about their rights and the charges against them. The police also did not tell the protesters where they were detained.

The police denied requests from detainees to contact their families or friends by telephone.

In many places of detention, the police did not allow lawyers to visit the detainees unless the lawyers could give the names of the detainees. Only after negotiating with the police were the lawyers allowed to visit some of the detainees.

In many police stations, there was no interpreter to help the detainees understand the police's instructions and assert their rights.

On numerous occasions, detainees reported illnesses that needed medical attention. However, police officers refused to respond to most of these requests. Detainees were even denied access to their own medication. In the case of three HIV/AIDS patients and one asthmatic patient, this denial seriously endangered their lives.

Recommendations

The committee should urge the Hong Kong government to carry out a thorough and independent inquiry into the human rights violations that occurred during the mass arrest of the WTO protesters and their detention by the police on Dec. 17 and 18, 2005.

The committee should urge the Hong Kong government to carry out a comprehensive review of the police's guidelines, methods and use of force and weapons for policing demonstrations and public assemblies to ensure that they comply with the International Covenant on Civil and Political Rights (ICCPR).

The committee should urge the Hong Kong government to set up an independent complaint mechanism against the police.

(To see the full report, please visit HKCI's web site at www.hkci.org.hk.)