Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
The Commission referred the matter to the police who responded that the participants violated
the provisions of the Peaceful Assembly Act, forcing them to take action. The police further said
they had opened investigation files on the complaint lodged about the participants being abused
during custody and on the incident involving the thugs and police inaction during the assault.
Referring to the feedback by the Government in the Government’s Responses to the Commission
2013 Annual Report, wherein the police made a reference to “illegal assembly”, the Commission
would like to reiterate that after the repeal of Section 27 of the Police Act 1967 and after the
enactment of the Peaceful Assembly Act 2012 (PAA), the concept of “illegal assembly” no longer
exists in law. According to the provision under the PAA, an organiser is only required to notify the
police chief in the particular district of the impending assembly; the provision does not require
permission to be sought. The Commission also takes note of the decision of the Court of Appeal
on 25 April, which declared Section 9(5) of the Peaceful Assembly Act unconstitutional.
Besides this, the Commission welcomes the announcement8 made by the Inspector General of
Police that the SOP of the Federal Reserve Unit (FRU) on crowd control and public order will be
reformed. The reform will include scaling down the deployment of FRU personnel according to
the circumstances of the situation, and tighter control of the use of water cannons and tear gas.
6. CAPACITY BUILDING FOR COMPLAINTS OFFICERS
(a)
Course on Undertaking Effective Investigations
As part of its capacity building exercise, the Commission hosted a training programme organised
by the Asia Pacific Forum (APF) on Undertaking Effective Investigations. The training was held
from 19-23 May in Kuala Lumpur. This course was aimed at equipping staff of National Human
Rights Institutions (NHRI) with knowledge and skills to undertake effective investigations into
allegations of human rights violations.
The participants gained an immeasurable amount of knowledge from the experienced trainer,
who was commissioned by APF to write an investigation training manual entitled Undertaking
Effective Investigations: A Guide for National Human Rights Institutions. This course was
regional in scope, and involved the participation of investigative staff from NHRIs from across
the Asia Pacific region, including the Commission, the National Human Rights Commission of
Thailand and the Commission on Human Rights of the Philippines.
The participants learned various techniques and skills of investigative methodology, including
investigation planning, interviewing techniques, assessing evidence and report writing. They
also shared best practices from each NHRI and compared their advantages and disadvantages.
8
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