SUHAKAM
Report of Public Inquiry into the Incidents During and
After the Public Assembly of 28 April 2012
7.13 Most of the police witnesses testified that they were not required to prepare a written
report, or submit such report to their superior. According to Inspector Norazmee
bin Mohamed (W29) who was under the supervision of ASP Ahmad Jais bin Ujang
(W28), he was not requested to prepare any report nor did he prepare one. He
assumed that W28 as his superior and the zone officer for Dataran Merdeka would
have prepared one. Similarly, Inspector Farid bin Sairi (W31) did not submit a report,
although he did report verbally to the OCPD at 8.12 pm during the briefing after
their stand down. However, according to Superintendant Zahari bin Haji Mohd
Yusoff (W23), two days after the assembly, his superior requested for a meeting
where they were asked to prepare and submit a report. Similarly, ASP Alekzandra
bin Dawam (W25) also prepared a report which he submitted to his superior. Both
W23 and W25 led troop 4 Alpha and 4 Bravo of the FRU units respectively on 28
April 2012.
Panel’s Observations on the Human Rights Infringements after
28 April 2012
7.14 The Panel would like to emphasise that every human being is entitled to enjoy all
the fundamental rights and freedoms as enshrined in our Federal Constitution and
the UDHR. At the same time, as asserted by the Federal Constitution as well as the
UDHR, such rights and freedoms are not absolute. Article 29(2) of the UDHR clearly
envisages a balance to be struck in the exercise and enjoyment of fundamental
rights and freedoms when it asserts that there may be limitations solely for the
purpose of securing due recognition and respect for the rights and freedoms of
others, and of meeting the just requirements of morality, public order and general
welfare in a democratic society. Similarly, the PAA 2012 clearly envisages a balance
to be struck between the full enjoyment of fundamental rights and freedoms and
the rights of others and national security.
7.15 Accordingly, the Panel acknowledges the right and freedom of the persons who
staged protests and carried out various other activities outside the residence of
W48, in exercise of their freedom of expression and peaceful assembly. At the
same time, such rights must be exercised with due recognition and respect for the
rights and freedoms of others. In this regard, the right to privacy, personal liberty
and safety are fundamental rights not only of W48 but those persons who reside
along the same road and in the same area as W48, which must also be safeguarded.
Such rights must also be exercised in accordance with the law such as the PAA
2012, other laws, regulations or municipal by-laws.
7.16 The Panel observes that the relevant authorities did not take any or immediate action
when stalls were set up in front of Dato’ Ambiga Sreenevasan’s (W48) residence,
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