SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 1.18 The Panel would like to reiterate that the scope of the Inquiry was restricted to issues of violations of human rights during and after the assembly of 28 April. Hence, unless and to the extent they were related to the issues within the terms of reference, the Panel did not inquire into matters such as whether there was any basis for the organisation of the assembly; the composition and objectives of those who organised or participated in the assembly; who or what was responsible for the turn of events at or about 3.00 pm that day or their motives for doing so; or the decisions and actions taken by the authorities and why. An Assembly after the Enforcement of the Peaceful Assembly Act 2012 (PAA 2012) 1.19 It is observed that the rally on 28 April 2012 was the first public assembly to be held after the enforcement of the Peaceful Assembly Act 2012 on 23 April 2012.4 The PAA 2012 was enacted with the following objectives as stated under section 2: (a) so far as it is appropriate to do so, that all citizens have the right to organise assemblies or to participate in assemblies, peaceably and without arms; and (b) that the exercise of the right to organise assemblies or to participate in assemblies, peaceably and without arms, is subject only to restrictions deemed necessary or expedient in a democratic society in the interest of the security of the Federation or any part thereof or public order, including the protection of the rights and freedoms of other persons. 1.20 Apart from, among others, facilitating public assemblies, the PAA 2012 has also replaced section 27 of Police Act 1967, the effect of which is to render it no longer necessary or required for a permit to be obtained from the police for any public assembly. Instead, under the PAA 2012, an organiser of a public assembly need only notify the officer in charge of the police district (OCPD) 10 days before the intended assembly. The OCPD will respond to the notification within five days, outlining such restrictions and conditions as may be imposed. The PAA 2012 also places upon the police the responsibility to ensure the orderly conduct of a peaceful assembly. 1.21 During the hearing, the police witnesses including W49, the Chief Police Officer (CPO) of KL and W37, the OCPD of the Dang Wangi Police Station, testified that it was not possible for the PDRM to fully enforce the PAA 2012 which had come into effect only 5 days before the assembly; instead it adopted what it perceived 4 The Peaceful Assembly Bill was tabled in the Dewan Rakyat on 22 November 2011 and passed 7 days later on 29 November 2011. It was passed by the Senate on 20 December 2011 and published in the Gazette on 9 February 2012. 5