Opinion | Investigate Hong Kong police’s use of force against protesters, or risk tarnishing ‘Asia’s world city’ brand

Police action against protesters may already amount to torture and cruel or inhumane treatment, in contravention of UN rules Hong Kong signed up to

Continued rejection of demands for an independent inquiry will only intensify international scrutiny and damage the city’s reputation for strong rule of law

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A protester plays a video of alleged police brutality as passengers arrive on the platform at Kowloon Tong MTR station, on August 21. The protesters’ five demands of the government include the setting up of an independent inquiry into police action against demonstrators. Photo: Reuters

Published: 9:00am, 28 Aug 2019Updated: 9:06am, 28 Aug 2019

Torture is not a word usually associated with “Asia’s World City”, with its reputation for a strong rule of law. However, over the past two months, the whole world has witnessed unprecedented and excessive use of force by the Hong Kong police.

We gasped in horror as we witnessed tear gas launched from tall buildings onto crowds below, projectiles aimed at protesters and journalists, pepper balls fired at close range, and tear gas canisters fired into crowded, enclosed spaces.

What we are seeing in this city may have already amounted to torture or cruel, inhumane or degrading treatment or punishment (CIDTP).

Torture is defined under the United Nations’ Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment as the intentional infliction of mental or physical pain by the state and its organs, which includes the police.

It is noteworthy that torture and cruel, inhumane or degrading treatment or punishment include non-custodial use of force, such as during arrest, stop and search, or crowd control operations. The UN Special Rapporteur on Torture published a report in 2017 focused on this, titled “Extra-custodial use of force and the prohibition of torture and other cruel, inhumane or degrading treatment or punishment”.

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