SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
1.11 A letter was sent to the Royal Malaysian Police (PDRM) to inform them of the
Commission’s decison and to seek their co-operation in providing any evidence
relating to the assembly including a list of the personnel deployed during the
assembly in Kulala Lumpur on 28 April 2012 (see Annex 3).
1.12 In response to the statement and letters sent, 109 names were submitted by the
civil society organisations and 59 names by the PRDM as possible witnesses for
the Public Inquiry.
1.13 The terms of reference of the Public Inquiry are as follows:
i.
To determine whether there were any violations of the human rights of any
person or party during and after the public assembly on 28 April 2012;
ii.
If violations of human rights did occur, to determine:
a. How such violations came about;
b. What administrative directives and procedures, or arrangements
contributed to such violations; and
c. Which person or agency was responsible for such violations.
iii.
To recommend measures to be taken to ensure that such violations do not recur.
1.14 The Commission’s power to conduct the inquiry is pursuant to section 12 of the
Human Rights Commission of Malaysia Act 1999 (Act 597) which reads:
(1) The Commission may, on its own motion or on a complaint made to it by
an aggrieved person or group of persons or a person acting on behalf of
an aggrieved person or a group of persons, inquire into allegation of the
infringement of the human rights of such person or group of persons.
(2)
The Commission shall not inquire into any complaint relating to any allegation
of the infringement of human rights whicha. is the subject matter of any proceedings pending in any court, including
any appeals; or
b. has been finally determined by any court.
(3) If the Commission inquires into an allegation under subsection 12(1) and during
the pendency of such inquiry the allegation becomes the subject matter of
any proceedings in any court, the Commission shall immediately cease to do
the inquiry.
1.15 The powers relating to inquiries under the Act are provided under section 14, which
states:
(1) The Commission shall, for the purposes of an inquiry under this Act, have the
power-
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