Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group Hanafi Hawari immediately after his arrest (ii) Injuries suffered by Fayyadh Afiq Albakqry The findings After careful consideration, the Panel was of the opinion that these injuries were suffered in the course of arrest or during the assembly. The Panel also considered the injuries suffered by Muhammad Sabu during his arrest. While there was no direct evidence that the police effecting the arrest had caused the injury, the Panel nonetheless noted that the method used should have been commensurate with or proportional to the level of risk at the time. While the Panel is fully cognizant of the duty of the police force to safeguard security, it said that police personnel should also take into consideration the rights of individuals. The police should ensure that those arrested are able to exercise the rights stipulated in the Federal Constitution and other laws. As the witnesses had described varying degrees of injury sustained during their arrest, the Panel said the police should make it a matter of practice to see that medical treatment is available to those who need it. Officers or personnel, after making an objective evaluation that the injuries require medical attention, must ensure that such assistance is rendered immediately. (d) Incidents Outside Tung Shin Hospital (TSH) and Chinese Maternity Hospital (i) The testimony The Panel examined allegations that chemical-laced water and tear gas had been launched at participants seeking refuge in the compound of the two hospitals. Witnesses included a representative of the ‘Internal Inquiry of the Ministry of Health Malaysia – The Alleged Shooting of Tear Gas and Water Cannon Incident at Tung Shin Hospital, Kuala Lumpur’; members of the police force and hospital personnel. The Officer-in-Charge and crew of a water cannon truck admitted that water fired from the vehicle had sprayed the compound of TSH, but claimed this was accidental due to several factors: 67