A/HRC/39/CRP.2 448. According to the witnesses interviewed by the Mission, live fire was also directed at the crowd, hitting a number of demonstrators. The police also beat people with guns and sticks, and kicked people on the ground. The witnesses stated that it was difficult to know the direction of the shooting because of the darkness, and the chaos caused by people running in different directions in an attempt to escape. One witness stated: I heard gunshots and then there was rapid shooting at the crowd coming from inside (the compound). I saw two people shot and they died instantly. Others were shot in the arms and thighs. The police were shooting at the crowd in the dark. They were also hitting people with guns and sticks, and stamping on people with boots.1013 449. At least seven ethnic Rakhine demonstrators were shot and killed, and at least 12 were seriously injured. According to a statement issued by the Government, “With the rioting escalating, authorities said security forces fired 10 shots into the crowd with assault rifles and bolt-action rifles, killing seven people”.1014 450. In the aftermath, the police started arresting people, particularly young people. A number of participants fled Myanmar fearing arrest. One witness stated: Following the incident, the authorities started arresting people who participated in the demonstration and who were witness to the incident. I was targeted because I went to the hospital several times to see my injured friend. I could not meet my friend because there were police within the hospital compound blocking access. The police may have seen me in the hospital area.1015 451. Under international human rights law, the State is under an obligation to facilitate protests. The use of force by law enforcement officials should be exceptional. Any use of force must comply with the principles of necessity and proportionality. The degree of force used should be limited to the minimum necessary in the circumstances, and should be targeted at individuals using violence or to avert an imminent threat. Specific rules apply to the use of firearms during assemblies. They may only be used against an imminent threat, either to protect life or to prevent life-threatening injuries. There must also be no other feasible option, such as capture or the use of non-lethal force. Firearms should never be used simply to disperse an assembly. Indiscriminate firing into a crowd is always unlawful. 1016 452. It appears uncontested that the police used live fire to shoot into the crowd, in complete darkness, and that at least seven protesters were killed as a result. While the Mission notes that some protestors may have used violence (throwing of stones), there are no indications that there was an imminent threat to life or life-threatening injuries that warranted the use of lethal force, let alone the firing of assault rifles into the crowd during the night, after the streetlights were switched off. The Mission therefore has reasonable grounds to conclude that the police used excessive force in the management of this protest. 453. The broader context of this incident warrants further investigation. This includes an examination of whether the restrictions imposed on the celebrations were in compliance with international human rights law; whether the arrest and detention on charges under the Unlawful Association Act (section 17.1) of participants and two prominent ethnic Rakhine men (Wai Hin Aung, a Rakhine writer, and Dr. Aye Maung, the former head of the Arakan National Party and member of Parliament) is unlawful or arbitrary; and whether the overall handling of the events amounts to an undue and discriminatory restriction on the assertion of ethnic Rakhine identity 6. Conclusion 454. The serious human rights violations experienced by the ethnic Rakhine are similar to those experienced by other ethnic groups in Myanmar, mostly perpetrated by the Tatmadaw. 1013 1014 1015 1016 DI-042. Global New Light of Myanmar, “Seven killed, 12 injured in Mrauk-U riot” (18 January 2018). CI-161. A/HRC/31/66, paras. 57-60; A/HRC/26/36, para. 75; OHCHR and United Nations Office on Drugs and Crime, “Resource book on the use of force and firearms in law enforcement” (New York, United Nations, 2017). 109