Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
It was reported in the media that the Home Ministry and Kuala Lumpur City Hall had offered
alternative venues – such as Stadium Merdeka, Titiwangsa Stadium and Bukit Jalil Stadium –
but the organiser had rejected this on the ground that they had been left with too little time to
make changes.
It was also reported that the police would allow the public to meet at the six assembly points
selected by Bersih 2.0, on condition that processions were not held. The police then blocked
several roads in the city centre and cordoned off Dataran Merdeka with barricades. The location
was also closedly guarded. Nevertheless, the assembly proceeded on 28 April.
After the event, several parties parties urged the Commission to hold a Public Inquiry into
allegations of human rights violations during and after the assembly. At this juncture, the Home
Ministry was setting up the ’Independent Panel of Inquiry on Bersih 3.0’4 headed by Tun Hanif
Omar. The Commission decided to look at the terms of reference of that panel before deciding
whether or not to hold its Public Inquiry.
The Independent Panel, however, did not announce its terms of reference for some time. In the
interim, the Commission received a number of complaints and memoranda on alleged human
rights violations.
Based on reports by the Commission’s monitoring teams and the complaints lodged, the
Commission announced on 21 May that it would hold a Public Inquiry into Incidents During and
After the 28 April 2012 Public Assembly.
The Panel comprised Datuk Dr Khaw Lake Tee (Chairperson), Professor Emeritus Dato’ Dr
Mahmood Zuhdi Hj Ab Majid (Member) and Mr Detta Samen (Member). The terms of reference
were:
1.
To determine whether there were any violations of the human rights of any person or party
during and after the public assembly;
2.
If violations of human rights did occur, to determine:
•
•
•
How such violations came about
What administrative directives and procedures or arrangements contributed to such
violations
Which person or agency was responsible for such violations; and
3.
To recommend measures to ensure that such violations do not recur.
4
Bersih 3.0 refers to the ‘Duduk Bantah’ rally
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