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 suhakam 2new.indd 64 3/23/17 5:54 PM

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