SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
2
1.5
However, it was reported in the media3 that the police would allow the public
to assemble at the 6 locations announced by BERSIH 2.0 on condition that
no procession was permitted and no gatherings were to take place in Dataran
Merdeka. The police then blocked several roads in the city and Dataran Merdeka
was cordoned off with barricades and closedly guarded. Nevertheless, the assembly
proceeded on 28 April 2012 and it was reported that several untoward incidents
and alleged human rights violations took place especially after 3.00 pm.
1.6
It is noted that the BERSIH rally – ‘Duduk Bantah’ – was also held in other cities
including Ipoh, Penang, Kuantan, Johor Bahru, Seremban, Melaka, Kota Kinabalu,
Kuching, Miri dan Sibu. It was also reported that similar rallies were held in 35
countries known as Global BERSIH in support of BERSIH 2.0’s call for electoral
reform. All those rallies proceeded without any untoward incidents except the rally
in Kuala Lumpur.
1.7
Subsequent to the rally, the Human Rights Commission of Malaysia (“the
Commission”) received 16 complaints from members of public and a memorandum
alleging human rights violations especially on the use of disproportionate or
unwarranted force against the participants of the rally and members of media and
urging the Commission to conduct a public inquiry. Pursuant thereto, on 3 May
2012, the Commission called upon members of public, media and the relevant
authorities to submit information, documents and evidence for its investigation and
consideration (see Annex 1).
1.8
Meanwhile, on 9 May 2012, the Government announced the formation of an
Independent Panel headed by former Inspector-General of Police, Tun Mohammed
Haniff Omar, to investigate into the incidents that occurred during the public
assembly on 28 April 2012.
1.9
Although it had decided to await the release of the Independent Panel’s terms of
reference before making any decision, the Commission announced on 21 May
2102 its decision to hold a public inquiry into the allegations of human rights
violations during and after the public assembly of 28 April 2012 (see Annex 2).
The Commission’s decision was made based on the reports of its monitoring team
and after serious consideration of the complaints, reports and memorandum from
members of public, human rights and professional groups and other members of
society.
1.10 The Commission in the same statement above, invited the public, media and other
organisations to come forward as witnesses by giving statements relating to any acts
of infringement of human rights on 28 April 2012 that might assist the Commission
in its Public Inquiry (see Annex 2).
3
Malaysian Insider, 27 April 2012