SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 Chapter 1 INTRODUCTION 1.1 On 9 July 2011, a public assembly was held in Kuala Lumpur to show support for the demands made by the Coalition for Clean and Fair Elections (“BERSIH 2.0”)1 for free and fair elections.2 On 15 August 2011, the Prime Minister of Malaysia, The Honourable Datuk Seri Najib Tun Razak announced that the Government would set up a Parliamentary Select Commitee on Electoral Reform, in response to allegations of manipulation in the electoral system in the country and the call by BERSIH 2.0 and various other parties for free and fair elections. 1.2 Subsequently, the Malaysian Government set up the Parliamentary Select Committee on Electoral Reform (PSC) on 2 October 2011. In early April 2012, the PSC released a report with 22 recommendations to improve the electoral system. The report was received and passed by the Dewan Rakyat (House of Representatives) on 3 April 2012. 1.3 On 4 April 2012, BERSIH 2.0 expressed its dissatisfaction with the report and said its eight demands had not been fully addressed by the PSC. BERSIH 2.0 announced that it was organising another rally, called ʻDuduk Bantah’, on 28 April 2012 from 2.00-4.00 pm at various locations in the country including Dataran Merdeka, Kuala Lumpur. According to BERSIH 2.0, the rally was intended to create and increase the awareness among the public of the importance of electoral reform and to urge the Government to implement the reform before the 13th General Elections. 1.4 On 27 April, the police issued a press statement that it had obtained an ex parte court order dated 26 April under section 98 of the Criminal Procedure Code from the Kuala Lumpur Magistrate Court prohibiting any assembly and the public from attending, gathering or participating in any assembly at Dataran Merdeka from 28 April to 1 May 2012. Subsequently, the Home Ministry and Dewan Bandaraya Kuala Lumpur (DBKL) offered alternative venues such as Merdeka Stadium, Titiwangsa and Bukit Jalil Stadium but these were rejected by the organiser on the ground of insufficiency of time for the required changes to be made. 1 2 The Coalition for Clean and Fair Elections is a coalition of 82 non–government organisations (NGOs) and civil societies, which seeks to reform the current electoral system in Malaysia to ensure free, clean and fair elections. It was officially formed on 23 November 2006: www.BERSIH.org. Subsequent to the public assembly of 9 July 2011, the Human Rights Commission of Malaysia conducted a public inquiry to investigate into allegations of infringement of human rights prior to and during the assembly: see the 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. 1