A/HRC/19/40
allow the planned peaceful assembly and to remind the organizers to exercise their rights in
a peaceful and responsible manner. On 29 June, SUHAKAM had sent a formal letter to the
Inspector-General of Police, requesting him to allow the peaceful assembly to proceed as
planned. On 4 July, representatives from the BERSIH coalition requested SUHAKAM to
intervene as a mediator between the police and BERSIH, which request SUHAKAM had
accepted, subject to confirmation by the Chair of BERSIH. On 7 July, the Chair of BERSIH
had requested SUHAKAM intervention as a mediator, whereupon the Chair of SUHAKAM
had spoken to the Inspector-General of Police, offering the Commission’s assistance in
mediating between the two parties. The Inspector-General of Police had been, however, of
the view that it was still too premature for the involvement of SUHAKAM. On the eve of
the rally, SUHAKAM had again released a press statement urging the parties to hold further
discussions as proposed by the King of Malaysia. It had also informed the public that it
would monitor the public rally, if held.
33.
On 9 July, the BERSIH rally had taken place in several parts of the city centre of
Kuala Lumpur. At 5.00 p.m. that day, it was reported that 1,667 persons were arrested by
the police. The SUHAKAM monitoring team of two commissioners and 32 staff, moving in
small groups, had observed the rally at various spots. Some of the team members had been
present at detention centres and conducted interview sessions with those detained during
the rally. They had stayed until late that night to witness the release of the detainees. The
observations of the monitoring team had all been recorded in the forms of photographs and
videos, as well as written notes and reports. On 12 July 2011, SUHAKAM had received the
first memorandum from the political party Pemuda Pas on inter alia the use of excessive
force by the police during the rally. At the handing over of the memorandum, individual
complaints alleging violations of their human rights had also been received. On 14 July,
SUHAKAM had received a joint memorandum from BERSIH and the human rights
organization Suara Rakyat Malaysia on, inter alia, the use of excessive force by the police
and the firing of tear gas into the compound of a hospital. Again, SUHAKAM had received
individual complaints alleging violations of human rights. On the same day, based on the
memoranda and the number of complaints submitted, SUHAKAM had announced the
decision to hold a public inquiry into the allegations received. On 16 July, a memorandum
had been submitted by Pemuda Pas, urging SUHAKAM to call upon the police to respect
the people’s freedom of expression and assembly as provided for by the Federal
Constitution. On 22 July 2011, SUHAKAM had announced its panel members and the
terms of reference for the public inquiry. It had also called for public submission of
statements and evidence on alleged violations of human rights prior to and during the rally.
34.
Ms. Khaw highlighted that, at the time of the presentation, SUHAKAM had held
three public inquiries into the allegations of use of excessive force by the authorities during
public rallies: in 2001 (Kesas Highway), 2006 (Kuala Lumpur Convention Centre) and
2008 (Bandar Mahkota Cheras). A number of the significant recommendations derived
from the Commission’s public inquiries in relation to peaceful assembly could be
summarized as: (a) the police should be notified in writing of the proposed assembly or
procession; (b) both the police and civil society should cooperate to work out details with
regard to a suitable time frame for the notification and the contents of the notice; (c) in
order to ensure minimal disruption of traffic, inconvenience to the general public, damage
to property and prevention of injury to persons, a notification should be followed by
meetings between the organizers of the assembly and the relevant police officers so as to
confirm the practical arrangements for the assembly or procession; (d) any person whose
rights could be affected by the assembly or any arrangement relating to the assembly should
be allowed to make an urgent application to the court for intervention; and (e) the
organizers should also make arrangements with regard to crowd control.
10
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