SUHAKAM Report of Public Inquiry into the Incidents During and After the Public Assembly of 28 April 2012 70 pedulikan arahan lain tanpa merujuk kepada Field Commander”. The Panel is of the view that the language used in those paragraphs could be misinterpreted and possibly encourage the participants to act in a manner that may be contrary to law or which may result in undesirable actions and consequences. 5.74 The Panel takes note that the police did not offer any rebuttal to the allegations made by the witnesses. The Panel also notes that there was lack of co-operation from the PDRM especially in identifying their personnel who were involved in the assault. The Panel also finds it unacceptable that PDRM could not identify their own personnel merely because they were from different contingents and different states. Recommendations 5.75 PDRM in discharging its functions should also take into consideration the rights of the individuals and ensure that they are able to exercise their rights as enshrined under the Federal Constitution and other laws of the country.37 The police should not regard public assemblies as a challenge to their authority. 5.76 PDRM should facilitate peaceful assemblies as envisaged under the PAA 2012. For the purpose of facilitating, ensuring crowd and traffic management and control, and minimising disruptions to the public and activities in the places concerned, the authorities and the organiser must meet and reach mutual agreement on those and other related matters. The authorities must keep in mind that the former section 27 of the Police Act is no longer applicable to public assemblies. 5.77 The police should carry out continuous training and workshops on crowd management and control in line with international standards. 5.78 The police should minimize disruptions to traffic and public transportation to ensure easy and orderly movement and dispersal before, during and after any public assembly. 5.79 The police must make distinction between a peaceful assembly and a riot. They should also be seen to be neutral and ensure the safety of participants and members of public especially in the event of public assemblies involving two or more opposing groups in the same area. 5.80 PDRM should review and amend their Standard Operating Procedure (SOP)/ Standing Orders in the dispersal of assemblies in line with international human rights 37 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

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