Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group He also pointed out attributes of an effective death investigation system: (i) It must involve independent but collaborative work with other investigators; at the same time, it must be a transparent process in investigating procedures, court processes and recommendations while being compliant with human rights. (ii) It needs to be chaired by a trained and experienced judicial officer with sufficient investigative powers; and the court should be adequately financed to be able to sit in its regional locations. (iii) It should be guided by a clear legislative mandate that includes the undertaking of autopsies, exhumations, inquiries and inquests, supported by high-quality pathology and cognate services. (iv) It must incorporate and respect the rights of family-members, and acknowledge and respect cultural and religious values and practices. (v) It should incorporate the capacity to revisit previous findings where new evidence emerges. (vi) Support/bereavement counselling services should be made available. (vii) Decisions must be reported publicly, including via the Internet, and recommendations must be subject to response. 4. MEETING ON FREEDOM OF ASSEMBLY The Commission held a meeting with the police force on 11 September to discuss progress made on the recommendations of the Panel of Inquiry on peaceful assembly. The meeting was chaired by the Commission’s Vice-Chairman Datuk Dr Khaw Lake Tee; also present were Commissioners Prof Emeritus Dato’ Dr Mahmood Zuhdi Haji Ab Majid and Mr James Nayagam. The police force was represented by SAC Datuk Ku Chin Wah, SAC Dato’ Razali Basri, SAC Dato’ Abdul Hamid Mohd Ali, ACP Mohan Singh s/o Tara Singh, ACP Muhammad Azlee Abdullah, ACP Zainuddin Ahmad and DSP S. Shanmugamoorthy. The Commission was informed that the police force had considered all the recommendations that came out of previous Public Inquiries, in particular the proceedings relating to the 28 April 2012 assembly. It was agreed that section 27 of the Police Act 1967 was not the best instrument for public assembly and that, in the spirit of the PAA, the police would manage crowds in the roles of service provider and peacekeeper. The meeting also took note that the law should not only look at the right to assemble peacefully, but also at the rights of the affected parties. While it is understood that the police have a duty to protect peace and harmony, they also need to play a role in protecting fundamental human rights. 69

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