6.1.2 Protection from forced displacement In Zimbabwe the mass forced evictions of Operation Murambatsvina have been accompanied by mass forced displacement of people. People have on numerous occasions been forcibly displaced to rural areas or to transit camps, such as Caledonia Farm or IDP camps, such as Hopley Farm. This action violated the right to freedom of movement and choice of residence, which includes the right to protection from forced displacement. According to Article 12(3) of the ICCPR, a state cannot impose any restrictions to the right to freedom of movement, “except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others”. None of the grounds which could have justified restriction to this right apply in this situation. The UN Human Rights Committee has noted, “the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement.”60 In addition, Principle 6 of the UN Guiding Principles states that every person has the right to be protected against being arbitrarily displaced from his or her home or place of habitual residence. The lack of due process throughout the evictions process, including inadequate notice and inadequate alternative accommodation, the ongoing and cyclical nature of the forced evictions and relocations without appropriate justification, make these displacements arbitrary. 6.1.3 Rights to life and to physical and mental integrity During the attempted forced evictions of 2 September 2004 at Porta Farm at least 11 people died after police used tear gas on unarmed civilians. Amnesty International and ZLHR believe there is sufficient evidence that police used excessive force and misused tear gas to warrant a full investigation into the reported deaths and the conduct of the police on 2 September 2004. At least three people are reported to have died at Porta Farm in June 2005 during the course of forcible eviction and forcible relocation. The government of Zimbabwe should also conduct a full, public investigation into these deaths. International human rights law and standards provide that whenever the use of force is unavoidable, law enforcement officials must “exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved”. 61 Principle 8 of the UN Guiding Principles similarly provides that “displacement shall not be carried out in a manner that violates the rights to life, dignity, liberty and security of those affected”. By using excessive force in a manner that violates the principles of necessity and proportionality, the police or other state agents pose a threat to the right to life of those persons being evicted. In relation to evictions, the CESCR has stated that: States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force. 62 An effective review process should also be in place in case of reports of excessive use of force. In particular, in “cases of death and serious injury or other grave consequences, a detailed report shall be sent promptly to the competent authorities responsible for administrative review and judicial control.”63 60 ICCPR General Comment 27 (Sixty-seventh session, 1999): Article 12: Freedom of Movement, A/55/40 vol. I (2000) 128 at para. 7 (emphasis added). 61 Principle 5, UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 62 General Comment No. 7, para. 13. 63 Principle 22, UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.