SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
70
pedulikan arahan lain tanpa merujuk kepada Field Commander”. The Panel is of
the view that the language used in those paragraphs could be misinterpreted and
possibly encourage the participants to act in a manner that may be contrary to
law or which may result in undesirable actions and consequences.
5.74 The Panel takes note that the police did not offer any rebuttal to the allegations
made by the witnesses. The Panel also notes that there was lack of co-operation
from the PDRM especially in identifying their personnel who were involved in the
assault. The Panel also finds it unacceptable that PDRM could not identify their
own personnel merely because they were from different contingents and different
states.
Recommendations
5.75 PDRM in discharging its functions should also take into consideration the rights of
the individuals and ensure that they are able to exercise their rights as enshrined
under the Federal Constitution and other laws of the country.37 The police should
not regard public assemblies as a challenge to their authority.
5.76 PDRM should facilitate peaceful assemblies as envisaged under the PAA 2012. For
the purpose of facilitating, ensuring crowd and traffic management and control,
and minimising disruptions to the public and activities in the places concerned, the
authorities and the organiser must meet and reach mutual agreement on those and
other related matters. The authorities must keep in mind that the former section 27
of the Police Act is no longer applicable to public assemblies.
5.77 The police should carry out continuous training and workshops on crowd
management and control in line with international standards.
5.78 The police should minimize disruptions to traffic and public transportation to ensure
easy and orderly movement and dispersal before, during and after any public
assembly.
5.79 The police must make distinction between a peaceful assembly and a riot. They
should also be seen to be neutral and ensure the safety of participants and members
of public especially in the event of public assemblies involving two or more opposing
groups in the same area.
5.80 PDRM should review and amend their Standard Operating Procedure (SOP)/
Standing Orders in the dispersal of assemblies in line with international human rights
37
See 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, page 25