SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
8
Observers
2.4
The Panel of Inquiry invited the Royal Malaysian Police (PDRM), the Bar Council,
and BERSIH 2.0 to act as observers as well as to assist the Panel in various matters,
where required. The Attorney-General’s Chambers declined the invitation to act
as an observer in the proceedings. The observers were allowed to question the
witnesses through the Panel of Inquiry. On 10 January 2013, all three observers
made both oral and written submissions to the Panel for its deliberation.
2.5
The Commission would like to express its gratitude to all witnesses and observers
for their co-operation and assistance during the Inquiry; the Office of the InspectorGeneral of Police (IGP) for providing the names of police personnel and several
documents; the BERSIH 2.0 Secretariat for providing a list of alleged victims of
assault; and members of media, both online and print, for their coverage of the
hearings.
Recommendations From Previous Public Inquiries
2.6
The Panel takes note of the various recommendations made by the Commission
in its previous inquiries and in particular, the Report of SUHAKAM Public Inquiry
Into The Incident at KLCC on 28 May 2006 and the Report of the Public Inquiry
Into The Infringement of Human Rights Including the Use of Excessive Force Prior
to and During the Assembly on 9 July 2011. The Panel is of the opinion that the
recommendations contained therein are still relevant, and therefore, to the extent
applicable and in addition to its other recommendations, the Panel adopts those
recommendations, and for emphasis, reiterates some of them.
Limitations
2.7
The findings in this Inquiry are based on the testimonies of the witnesses and the
evidence presented before the Panel of Inquiry. The Panel takes note that there were
persons who were involved in the incidents during and after the public assembly
but who, for reasons of their own, did not come forward to assist the Panel in its
inquiry. There were also some potential witnesses from the list of names provided
by BERSIH 2.0 who either chose not to testify or were uncontactable.
2.8
The Panel notes that several witnesses could not be called because of pending or
ongoing court proceedings, for instance, police witnesses who were injured and
participants who were allegedly involved in the breach of the barricades in the
vicinity of Dataran Merdeka.