civil servants, university students, academicians, and teachers and it would
be in contravention of Article 10(1) of the Federal Constitution if the right
to freedom of peaceful assembly is curtailed through circulars or rulings
imposed by the Government, universities, and/or public departments.
Arrests Before and After the Assembly
CHAPTER 1
(f)
The Commission recommends that the arrest of any person leading up to
and following any peaceful assembly must be reasonable, and the offense
for which the person(s) has been charged as well as the reasons for arrest
must be stated clearly. In this regard, the Commission maintains its stand
that any detention must not be without any judicial oversight.
(g) Policing the Assembly
The Commission notes that the Police was successful in ensuring that
there was no clash between the two rival groups and the rallies went on
peacefully; however, the arrests of individuals prior to, during, and after
the rallies, as well as the full-scale blockades in Kuala Lumpur on the day,
appeared to be an attempt to foil the intended peaceful assembly. Such
moves also affected the Police officers on duty as they had to man the
blockades for long hours under the hot sun. Such situations had been
highlighted by the Commission in its past public inquiries as one of the
factors that have triggered Police personnel to react outrageously to the
participants of rallies. In this regard, it is recommended that the Police play
a facilitative role instead of restrictive role in handling peaceful assemblies.
5.
VISITS TO PLACES OF DETENTION
During the year, the Commission conducted a total of 26 visits to places of
detention, made up of nine periodic visits and 17 visits for the purpose of inquiring
into complaints.
Table 5: Periodic Visits to Places of Detention in 2016
NO.
DATES
PLACES OF DETENTION
1.
3 March
Sungai Buloh Prison, Selangor
2.
26 September
Sungai Udang Prison, Melaka
3.
27 September
Johor Bahru Utara Police Lock-up, Johor
4.
27 September
Tampoi Police Lock-up, Johor
5.
27 September
Taman Ungku Tun Aminah Police Lock-up, Johor
6.
28 September
Kulai Police Lock-up, Johor
7.
28 September
Kelapa Sawit Police Lock-up, Johor
8.
28 September
Air Bemban Police Lock-up, Johor
9.
29 September
Pekan Nenas Immigration Detention Centre, Johor
64 SUHAKAM ANNUAL REPORT 2016
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