54
SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
These barricades were erected apparently to prevent the participants from entering
and occupying Dataran Merdeka.
5.10 While the Panel makes no finding as to the legality or otherwise of the installation
of the barricades, whether pursuant to the Court Order or section 26 of the Police
Act, it does question, however, whether it was necessary to erect barricades that
comprised three layers, namely, dannert wires, also known as concertina razor
barbed wires, water-filled barriers and steel barriers. Although the police claimed
that dannert wires were not harmful to the public, the Panel questions the use and
suitability of such wires especially on an occasion and at places where large crowds
were expected to congregate. The Panel views with serious concern the admission
of the police that if not handled properly or according to procedure, such wires
could cause minor injuries (see Chapter 4, paragraph 4.12). In a situation where
large crowds are expected to gather and emotions could run high, which could
lead to untoward incidents, having barbed wires in the area could pose not just
minor injuries but some serious dangers to the people gathered there. To expect
laypersons to know how handle such wires properly or according to procedure
and especially in such situations is surely not reasonable, more so, when the
police asserted that such wires could only be removed by experts (see Chapter 4,
paragraph 4.12). The Panel wonders whether PDRM was putting the protection of
Dataran Merdeka over and above the safety of the people who were gathered in
and around that area that day in exercise of their fundamental right of expression
and freedom to assemble peaceably.
Before 3.00 pm
5.11 All the police personnel who were on duty on the day of the assembly were given
a series of briefings prior to 28 April 2012. According to testimonies provided by
the police personnel, all personnel and their troops were required to handle the
assembly and participants using what was termed as the 3R 1C 1E approach
(Restrain, Restrain, Restrain; Caution and Enforce).
5.12 The Panel finds that the number of participants was larger than the number of police
on duty. According to Dato’ Ambiga Sreenevasan (W48), there were approximately
250,000 participants at the assembly; whereas according to Dato’ Mohmad bin
Salleh (W49), the CPO, there were only 25,000-30,000 participants. Meanwhile, the
PDRM submitted before the Panel that there were 3,000 police officers on duty
that day. While the Panel makes no finding as to the actual number of participants,
it is safe to conclude, based on the estimated figures given by the witnesses, that
on the day of the assembly, the participants outnumbered the number of police
personnel on duty.