SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 Chapter 3 HUMAN RIGHTS INFRINGEMENT DURING THE ASSEMBLY General Testimonies from the Witnesses 3.1 Although the assembly was due to take place from 2.00-4.00 pm on 28 April, a number of participants could be seen making their way to and camping in the vicinity of Dataran Merdeka the night before the day itself. On the morning of 28 April, participants could be seen gathering in smaller groups,5 at various locations such as KLCC, Masjid Jamek, Jalan Sultan, Brickfields, Central Market and Masjid Negara, before making their way to the areas around Dataran Merdeka, such as Jalan Tun Perak, Jalan Tuanku Abdul Rahman, Jalan Parlimen and Jalan Sultan Ismail. 3.2 The witnesses including Kunabal a/l K. Rajagopal (W1), Baharudin bin Hashim (W2) and Khairul Anuar bin Pawanchik (W3) testified that the atmosphere at Jalan Tun Perak, Masjid Jamek, Jalan Parlimen and Jalan Sultan Ismail on the morning of 28 April 2012 was carnival-like and generally incident-free; participants were seen singing, reciting poetry and dancing. This was corroborated by the police witnesses as well. Superintendant Zahari bin Haji Mohd Yusoff (W23) testified that there was nothing amiss in the morning. Similarly, ASP Ahmad Jais bin Ujang (W28) testified that the situation was under control until 3.00 pm. According to the witnesses, the police were mainly on standby and were not seen to be taking any action against the participants. Many participants were seen around or sitting close (about 20 metres) to the barricade erected at the intersection of Jalan Raja and Jalan Parlimen. Overall, the witnesses testified that until 3.00 pm, there were no incidents that could be considered as amounting to violations of human rights either from the participants of the assembly or the police. 3.3 There were many differing opinions as to the number of the participants, with figures ranging from 25,000 – 30,000 as estimated by Dato’ Mohmad bin Salleh, the Chief Police Officer of Kuala Lumpur (W49) to 250,000, as estimated by Dato’ Ambiga Sreenevasan (W48). The majority of the participants could be seen wearing yellow T-shirts, with many others wearing green6 representing the Himpunan Hijau7 movement. 5 6 7 The six gathering locations were: Brickfields (12.30 pm), Jalan Sultan (1.30 pm), Masjid Negara (1.30 pm), Pasar Seni (1.30 pm), Masjid India (1.30 pm) and KLCC (12.00 pm). According to witnesses Leong Siew Meng (W11) and Lee Teck Yew (W12). The purpose of the Himpunan Hijau campaign was to create more awareness on the part of Malaysians of the need to protect the environment and the greenery of the country. (http://anilnetto.com/environmentclimate-change/livehimpunan-hijau-raub/). 11