KUALA LUMPUR, April 17 — The police had used disproportionate force during and after the 
Suhakam’s
report says the police used disproportionate force during and after the
arrest of participants of the Bersih rally for free and fair elections
last April 28. – Reuters picarrest of participants of the Bersih rally for free and fair elections last April 28, the Human Rights Commission of Malaysia (Suhakam) said today.
In releasing its report following a three-man panel's public inquiry into the rally, Suhakam also noted other violation of human rights, including the freedom of media and freedom of expression.
"The Panel is of the view, based on the testimonies of the witnesses as well as video recordings, that there was use of disproportionate force and misconduct by the police towards the participants," the panel chairman Datuk Dr Khaw Lake Tee said when reading out an extract of the report at the Suhakam headquarters here.
The panel pointed to cases where some policemen had assaulted rally goers who were being arrested, despite a lack of evidence of resistance by the latter.
Among other things, the panel found that the police did not facilitate a safe dispersal of the massive crowd in the national capital, highlighting the insufficient time given and the continuous firing of chemical-laced water and tear gas on those trying to leave after the rally ended.
The panel said that the police had failed to handle the rally in a way that reflected the spirit of the Peaceful Assembly Act (PAA) 2012, saying that their exercise of "restraint" last April 28 was different from their prescribed role in the newly-introduced law to "facilitate" public assemblies.
But it also noted that as the rally took place only five days after PAA 2012 came into force, it would be "too early" for the police to fully make the switch from the old Section 27 of the Police Act.
The panel also presented 25 recommendations in their report, including proposals for the police force to review and make public their Standard Operating Procedures (SOP) and ensure an orderly and safe dispersal with proper exit routes, besides exploring other methods to sufficiently warn rally participants.
((It also proposed that the police distinguish between a peaceful assembly and a riot, while another recommendation said the police should complete its investigations into police reports involving members of the force to avoid allegations of bias.
The panel said that while the people is entitled to the right to freedom of assembly "as enshrined under the Federal Constitution, the PAA 2012 and the Universal Declaration of Human Rights (UDHR)", it is not an "absolute" right and should be exercised with regards to the rights of others.
In an immediate response after the briefing that was also attended by the police, Bersih 2.0 co-chairman Datuk Ambiga Sreenevasan told reporters here that the report was "very balanced".
"We hope the police will take further steps on that," she said, noting that it was unclear if disciplinary action had been taken on police personnel who had acted beyond their scope of duties last April 28.
"It is clear that we need the setting up of a separate independent body to look into the conduct of the police, IPCMC is something that civil society has been asking for a long time," Ambiga said, referring to the Independent Police Complaints and Misconduct Commission (IPCMC).
She also welcomed the panel's recommendations and noted that it had commended the police force for successfully ensuring that the "Himpunan Kebangkitan Rakyat" (KL 112) mega-rally went on peacefully in Kuala Lumpur this January 12.
"We agree with that. We think that's how it ought to be handled. There's a big difference between the way Bersih 3.0 was handled and the way KL 112 was handled," she said of the rally where no incidents of violence had happened and where the police had worked to ensure the safety of media personnel.
Later in a press conference, Khaw said Suhakam plans to discuss its recommendations with the police to take things forward, but said this will be handled by the incoming commissioners as the term of the current batch ends next week.
The 29-day public inquiry by Suhakam that started last July 5 and ended this January 10 saw submissions by rally organisers Bersih 2.0, the Bar Council and the police.
A total of 49 witnesses - including 19 members of the public, four members of the media, 18 police officers and eight experts - have testified before the panel headed by Suhakam vice-chairman Khaw, and commissioners Prof Datuk Dr Mahmood Zuhdi Abdul Majid and Datuk Detta Samen.
Suhakam’s
report says the police used disproportionate force during and after the
arrest of participants of the Bersih rally for free and fair elections
last April 28. – Reuters picarrest of participants of the Bersih rally for free and fair elections last April 28, the Human Rights Commission of Malaysia (Suhakam) said today.In releasing its report following a three-man panel's public inquiry into the rally, Suhakam also noted other violation of human rights, including the freedom of media and freedom of expression.
"The Panel is of the view, based on the testimonies of the witnesses as well as video recordings, that there was use of disproportionate force and misconduct by the police towards the participants," the panel chairman Datuk Dr Khaw Lake Tee said when reading out an extract of the report at the Suhakam headquarters here.
The panel pointed to cases where some policemen had assaulted rally goers who were being arrested, despite a lack of evidence of resistance by the latter.
Among other things, the panel found that the police did not facilitate a safe dispersal of the massive crowd in the national capital, highlighting the insufficient time given and the continuous firing of chemical-laced water and tear gas on those trying to leave after the rally ended.
The panel said that the police had failed to handle the rally in a way that reflected the spirit of the Peaceful Assembly Act (PAA) 2012, saying that their exercise of "restraint" last April 28 was different from their prescribed role in the newly-introduced law to "facilitate" public assemblies.
But it also noted that as the rally took place only five days after PAA 2012 came into force, it would be "too early" for the police to fully make the switch from the old Section 27 of the Police Act.
The panel also presented 25 recommendations in their report, including proposals for the police force to review and make public their Standard Operating Procedures (SOP) and ensure an orderly and safe dispersal with proper exit routes, besides exploring other methods to sufficiently warn rally participants.
((It also proposed that the police distinguish between a peaceful assembly and a riot, while another recommendation said the police should complete its investigations into police reports involving members of the force to avoid allegations of bias.
The panel said that while the people is entitled to the right to freedom of assembly "as enshrined under the Federal Constitution, the PAA 2012 and the Universal Declaration of Human Rights (UDHR)", it is not an "absolute" right and should be exercised with regards to the rights of others.
In an immediate response after the briefing that was also attended by the police, Bersih 2.0 co-chairman Datuk Ambiga Sreenevasan told reporters here that the report was "very balanced".
"We hope the police will take further steps on that," she said, noting that it was unclear if disciplinary action had been taken on police personnel who had acted beyond their scope of duties last April 28.
"It is clear that we need the setting up of a separate independent body to look into the conduct of the police, IPCMC is something that civil society has been asking for a long time," Ambiga said, referring to the Independent Police Complaints and Misconduct Commission (IPCMC).
She also welcomed the panel's recommendations and noted that it had commended the police force for successfully ensuring that the "Himpunan Kebangkitan Rakyat" (KL 112) mega-rally went on peacefully in Kuala Lumpur this January 12.
"We agree with that. We think that's how it ought to be handled. There's a big difference between the way Bersih 3.0 was handled and the way KL 112 was handled," she said of the rally where no incidents of violence had happened and where the police had worked to ensure the safety of media personnel.
Later in a press conference, Khaw said Suhakam plans to discuss its recommendations with the police to take things forward, but said this will be handled by the incoming commissioners as the term of the current batch ends next week.
The 29-day public inquiry by Suhakam that started last July 5 and ended this January 10 saw submissions by rally organisers Bersih 2.0, the Bar Council and the police.
A total of 49 witnesses - including 19 members of the public, four members of the media, 18 police officers and eight experts - have testified before the panel headed by Suhakam vice-chairman Khaw, and commissioners Prof Datuk Dr Mahmood Zuhdi Abdul Majid and Datuk Detta Samen.
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