Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
(ii)
Proclamations of Emergency
Following the annulment of the three Proclamations namely Emergency Proclamation
1966, Emergency Proclamation 1969 and Emergency Proclamation 1977, the authorities
released those detained under the related emergency laws including the Restricted
Residence Act 1933 and the Banishment Act 1959.
(d) Right to Assemble Peacefully
The Peaceful Assembly Act came into force on 23 April. It was enacted following long-standing
criticism of Section 27 of Police Act 1967, which stipulated the need to obtain a police permit
before any public assembly is held. The Peaceful Assembly Act does away with the police permit;
all that is needed is notification to the police 10 days ahead of the event. However, the new law
imposes other restrictions on the organising of public assemblies, while any third party affected
may raise objections to the planned assembly.
Since the enforcement of the Peaceful Assembly Act, the Commission has observed that
the police have exercised restraint during mass rallies like Himpunan Hijau in Pahang; in
Pengerang, Johor; and at the May Day Rally in Kuala Lumpur. However, the police imposed
several conditions on the organisers including prohibiting the participation of children below
15 years, and disallowing processions. Despite this, it was observed that many attended the
assemblies together with their children without incident. The Commission is of the opinion that
certain restrictions in the Act and conditions imposed by the police are impractical, and curb
the freedom of assembly.
(e) Treatment of Detainees
(i)
ISA detainees at Kamunting Detention Camp
Although the Government replaced the ISA with the Security Offences (Special Measures)
Act 2012, any detention order made under the ISA before its repeal remains in force, unless
revoked by the Home Minister. As a result, a number of detainees whose detention order
has not been revoked went on a hunger strike in May to express dissatisfaction and demand
their immediate release from the Kamunting Detention Camp.
On 2 July, Gerakan Mansuhkan ISA submitted a memorandum to the Commission urging
it to investigate allegations that those on hunger strike were being harassed by the camp
authorities. A team of officers from the Commission visited the detention camp and
recorded statements from the detainees. The Commission also made a request to the
Ministry of Health to send forensics experts to examine the health of the detainees. On 6
July, the Commission and a forensics team from Penang Hospital visited the camp. Based
on the investigations, the Commission wrote to the Prison Commissioner-General with
these recommendations:
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Standard guidelines or a SOP should be developed to handle detainees/prisoners on
hunger strike.