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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