SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 standards such as the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), Convention on the Rights of Children (CRC), European Convention and American Convention on Human Rights and to emulate best practices of other Police Forces in the world; 5.81 The police should explore alternative means to warn and disperse participants and not merely depend on the existing methods especially when dealing with large crowds during any public assembly. 5.82 In dispersing the participants, PDRM must ensure that participants are given sufficient and reasonable time to disperse in an orderly and safe manner, and that proper exit routes are available to avoid any untoward incidents. Any action of PDRM should not result in the kettling of participants. 5.83 To avoid any untoward incident or conflicting instructions, the Panel recommend that orders should be issued by the Ground Commander and should the task be delegated to another officer, it should be made known to the police officers on duty during the public assembly.38 5.84 The Panel notes that there were communication breakdowns during the assembly. Therefore, the PDRM should adopt additional or other means of communication in order to ensure that police officers maintain communications with one another and that there is no confusion with respect to orders or actions taken by any of the troops on the ground.39 5.85 The Panel is of the opinion that the arresting officers must exercise care and avoid using unwarranted or disproportionate force. The Panel takes note that the police officers have the power to arrest or disperse the participants according to the law. However, the use of force must be proportional to the level of risks at the time of such arrest.40 5.86 Members of the public especially participants of public assemblies should not take the law into their own hands and must appreciate and respect at all times that the police too have their role and responsibilities in maintaining and preserving the security, peace and law and order. 5.87 The police personnel should exhibit at all times a high level of professionalism and must be able to handle pressures when dealing with issues in connection with their work. 38 39 40 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 30 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 33. 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 71

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