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