UN High Commissioner for Human Rights - Malaysia (5/7/2011)

OHCHR-All Staff Messaging/UNCHR/UN 07/05/2011 12:12 PM

To cc Subject OHCHR PRESS BRIEFING NOTE - Malaysia

Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Location: Geneva
5 July 2011

Malaysia

OHCHR has recently been receiving reports of a crackdown by the Malaysian authorities, including harassment, intimidation, arrests and threats, targeting members of the Coalition for Clean and Fair Elections (Bersih) in the lead-up to a peaceful demonstration scheduled for this coming Saturday, 9 July.

According to reliable sources, at least 150 people have been summoned, arrested or charged, including a number of opposition Members of Parliament. The authorities have also reportedly arrested activists simply for possessing Bersih’s distinctive yellow T-shirts and campaign pamphlets.

We are very concerned about the various measures that are being taken by the authorities to restrict freedom of expression in Malaysia, including preventive detention, and the Government's decision to reportedly declare Bersih an unlawful organization.

We call on the authorities to release all those being detained for peacefully exercising their freedom of expression. We also urge the Government to take steps to repeal preventive laws, including the Emergency (Public Order and Prevention of Crime) Ordinance of 1969, as already called for by the Working Group on Arbitrary Detention.

For more information or interviews, please contact spokesperson Rupert Colville (+41 22 917 9767 or rcolville@ohchr.org ) or press officers: Ravina Shamdasani (+ 41 22 917 9310 or rshamdasani@ohchr.org ) or Xabier Celaya (+ 41 22 917 9383 or xcelaya@ohchr.org )

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ENDS

Bar: uphold the rights of all concerned citizens to assemble peaceably to express their opinions

Press Release

Press Statement In Response To The Arrests Of Nine Individuals During An Assembly On 23 November 2008

On 23 November 2008, two assemblies were held. One, against the I.S.A. The other, to support it. The assembly supporting the I.S.A. apparently included a march from Wisma Sejarah to the Tun Razak police station.

Both assemblies were a manifestation of the right of citizens to make known their views in a peaceful manner. Both the assemblies represent the right to freedom of assembly that is enshrined in the Federal Constitution. Both groups of people legitimately exercised these rights.

However, only one group was targeted for arrests, namely the anti-I.S.A. group. We are alarmed to note that nine people from the group were arrested.

Such heavy-handedness against ordinary citizens expressing their rights to free speech and assembly goes against respected democratic norms. Furthermore, the use of police force against only one group, namely the one that was against the I.S.A., is selective persecution.

The apparent clampdown on peaceful assemblies is a worrying trend particularly when it is the avowed position of the authorities that they respect human rights.

The intimidation of ordinary citizens in this manner must cease. We call upon the authorities to even-handedly protect and uphold the rights of all concerned citizens to assemble peaceably to express their opinions.

Dato’ Ambiga Sreenevasan

President

Malaysian Bar

24 November 2008

Respect the Right to Peaceful Assembly - Malaysian Bar Press Release

Malaysian Bar's Press Release: Respect the Right to Peaceful Assembly

Monday, 10 November 2008 07:39pm

Freedom of assembly and freedom of expression were again dealt a severe blow yesterday with the arrests of 23 citizens – including journalists and activists, a Member of Parliament, State Assemblypersons and a City Councillor – who were participants in a peaceful gathering to commemorate the first anniversary of last year's BERSIH rally. The Bar Council is alarmed at the disproportionate and heavy-handed approach adopted by the police, who purportedly began dispersing people as early as an hour before the start of the vigil. Needless physical force was allegedly used during the arrests, causing injuries to a number of participants. Such unprovoked intimidation and oppression is unjustifiable as the group was reportedly calm, did not pose any threat to public order and was merely exercising its democratic rights. While the Bar Council disagrees with the laws curtailing the right to assemble and express dissent, we are concerned that the authorities seem to use these laws selectively to disperse and arrest demonstrators. Several demonstrations against the Pakatan Rakyat government's policies in Penang and Selangor have proceeded without much harassment nor arrests by the police. This gives rise to the perception that police actions are not based on any objective criteria relating to preservation of public order. Such subjectivity breeds the notion that the authorities act in a biased, or even arbitrary, manner. We call on the police to protect the rights of speech, expression and assembly of all those who legitimately engage in expressing dissent, fairly and without bias. Ragunath Kesavan Vice-President Malaysian Bar 10 November 2008

They gathered to appeal to the King - for the release of ISA detainees

Some have asked as to why they are protesting here ...and protesting there - risking to get arrested. Once or twice, would have been OK but this is really going overboard.

Well, when it comes to the ISA and Detention Without Trial - then REPEATEDLY we must raise the issue until at last the Prime Minister decides to release them who are being detained.

In a criminal case after trial, where the court finds you guilty and sentences you - there is some certainty as to how long you will be imprisoned. How good behaviour will reduce the length of your incarceration -- BUT with the ISA and other Detention Without Trial, there is NO certainty as to how long you will be locked-up. At one time, the Minister can make a 2-year Detention Order, and he can continue making it over and over.

With regard to the HINDRAF 5, it is sad that our Prime Minister Abdullah Ahmad Badawi is not releasing them even after MCA, GERAKAN and MIC, major partners in the BN have asked him to do so. Talk about showing respect to the views of your MAJOR partners in BN.

So on we go - repeatedly calling for the release of the many who are being detained under the ISA and other laws that allow for Detention Without Trial.

Sunday June 15, 2008

Three MPs, three PKR members held at Istana rally

By TEH ENG HOCK

KUALA LUMPUR: Three Members of Parliament were among six people arrested yesterday for participating in a rally in front of Istana Negara.

Kapar MP S. Manikavasagam, Subang MP R. Sivarasa and Ampang MP Zuraida Kamaruddin were arrested at 10.30am for protesting against the detention of Hindu Rights Action Force leaders under the Internal Security Act.

Three other PKR members were also arrested.

Special gifts: Children walking to Istana Negara in Kuala Lumpur with gifts for Tuanku Mizan yesterday.

Brickfields OCPD Asst Comm Wan Abdul Bari Wan Abdul Khalid said all of them were released on bail by 12.45pm.

He said police arrived at about 10am and asked members of the public, including tourists, to vacate the area around Istana Negara’s main gate.

“Everybody left except for a group who refused to leave. We gave them three warnings to disperse. Deputy OCPD (Supt Azri Abd Rahman) spoke to them, and at 10.20am, I gave them five minutes to disperse.

“At 10.25am, they still refused to leave so we arrested them. No force was used, and they also did not resist arrest,” he said.

At 10.35am, ACP Wan Bari said a group of 70 people, including children, alighted buses parked some distance away and walked to Istana Negara, the official residence of Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin.

“Each child was carrying a basket with flowers and a teddy bear and lined with yellow cloth. They left the baskets in front of the palace gate,” he said, adding that they left after they were asked to.

ACP Wan Bari said he could not comment further on investigations as “counter-reports have been made” against him for ordering the arrest of the six, and his comments would prejudice investigations.

The seventy children represented the 70 men currently detained under the ISA at the Kamunting detention centre in Taiping.

They were accompanied by their mothers as well as other family members.

The event was organised by the Hindu Rights Action Force (Hindraf) and joined by members of the Gerakan Mansuhkan ISA.

According to Hindraf national event coordinator Kannan Ramasamy, they gathered to appeal to the King to advise Prime Minister Datuk Seri Abdullah Ahmad Badawi and Home Minister Datuk Seri Syed Hamid Albar to release all the ISA detainees.

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

Press Release

31 January 2008

Malaysia: Court hears challenge to the arbitrary detention of five campaigners in favour of the rights of the Indian minority

International mission of judicial observation

Geneva-Kuala Lumpur-Paris, January 31, 2008. This week, the High Court of Kuala Lumpur heard a legal challenge to the continued detention of five human rights defenders and leaders of the Hindu Rights Action Force (HINDRAF), an NGO defending the rights of the Indian minority in Malaysia[1].

The five men, Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar, were arrested on December 13, 2007 under Malaysia’s notorious Internal Security Act (ISA), which grants the Minister of Internal Security, who is also the Prime Minister Abdullah Ahmad Badawi, the unfettered discretion to detain any person to prevent him from acting in any manner prejudicial to the security of Malaysia. The detentions followed peaceful rallies organised by HINDRAF and another coalition of civil society groups which were violently repressed.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), decries the ISA as contrary to fundamental rights such as the right to a fair trial and the right to be presumed innocent until proven guilty.

“The ISA is the epitome of a law that sanctions arbitrary detention”, said Ms. Laurie Berg, an Australian lawyer who observed this week’s hearings on the Observatory’s behalf. “These men have faced no charge, have been convicted of nothing. They are detained at the government’s pleasure and have the sole ‘mercy’ of challenging their detention on narrow technical grounds”. The use of the ISA in this case is all the more worrying since it has become a tool to silence peaceful human rights defenders on spurious security acts.

Furthermore, the Observatory and Suara Rakyat Malaysia (SUARAM) consider the detention of these five HINDRAF leaders as arbitrary insofar as several fundamental rights contained in the UN Universal Declaration of Human Rights such as the right to a fair trial, the right to legal counsel, the right to defend oneself in open court and the right to be presumed innocent until proven guilty have not been observed.

At the end of this week’s hearing, the court said it would give its judgment on February 26, 2008. If the court dismisses the appeal, the HINDRAF advocates will join up to 70 others who are held in indefinite detention, on suspicion of terrorist offences. Several are facing their sixth year in prison under this law.

The Observatory and Suaram call on the Malaysian government to immediately release Messrs. P. Uthayakumar, M. Manoharan, R. Kenghadharan, V. Ganabati Rao and T. Vasanthakumar in the absence of valid legal charges against them or, if such charges exist, to bring them before an independent and impartial tribunal, with due respect of the procedural guarantees prescribed by international human rights law. The Observatory and Suaram hope that the fundamental principles from international law will be taken into account by the Kuala Lumpur Court and demands, in consequence, the acquittal and subsequent release of the five HINDRAF leaders.

For further information, please contact:

- SURAM: Yap Swee Seng : +6 03 7784 3525

- OMCT: Delphine Reculeau: +41 22 809 49 39

- FIDH : Gaël Grilhot : + 33 1 43 55 25 18

---

[1] Hearings were held on January 24, 25 and 28, 2008.

Human rights march: 5 lawyers arrested ( & 3 Ors as well)

As of 4.00pm, they are apparently still being held at the Ibu Pejabat Kontijen Polis (the big building beside the old Pudu Jail - as to whether they will be charged for illegal assembly, attempted murder or detained further under the Internal Security Act for having links with some terrorist groups is still a question mark - nowadays as it was also the case before anything is possible. Call on the Prime Minister and the government of Malaysia for their immediate release N Surendran, Amer Hamzah, Latheefa Koya and the 5 others, and for them not to be charged for exercising their right to assemble peacefully.. (The Bar Council had earlier that week ,having succumbed to fears and threats, canceled the Human Rights Day March - and interestingly their Human Rights Chairman, Edmund Bon, was also got arrested much later for apparently preventing DBKL officers removing banners outside the Bar Building..... The put pressure - the Bar Council called off the Human Rights walk They put pressure - the Bar then moved the Human Rights festival from Central Market back into their own building They put pressure again to take out banners in the Bar Building ...and when they resisted finally - their Human Rights Chairman gets arrested The lesson:- The more you succumb to government threats and pressures, the more the government will push until at the end there is no more human rights and democratic space - it never ends until people overcome their fears and take a stand After all it seems that our Malaysian government wants a docile citizenry, one who will loyally say "All is right - government is good - no other regime can rule Malaysia - Malaysia boleh...boleh UNITY) Human rights march: 5 lawyers arrested

Sunday, 09 December 2007, 08:21am

©Malaysiakini by Syed Jaymal Zahiid | Dec 9, 07 8:16am The police have arrested eight people, including five lawyers, for proceeding with a march to mark International Human Rights Day from the Sogo department store to Central Market in Kuala Lumpur early this morning. The arrests came after a failed attempt by the organisers of the march to negotiate with the police to allow them to finish their march at their intended spot. The 100-odd crowd was already halfway to their destination when the police give the marchers a 10-minute warning to disperse. The organisers, who believed that they could complete their march within the time limit, wanted to press on. According to an eyewitness, the police however cordoned off the area, moved in and made the arrests even before the stipulated deadline expired. Those arrested included five lawyers - N Surendran, Latheefa Koya, R Sivarasa, Eric Paulsen and Amer Hamzah. Others were Anthony Andu, Norazah Othman and an unidentified activist. They were arrested near the Jalan Tun Perak LRT station and were immediately taken to the Kuala Lumpur police headquarters. The eight were arrested under the Police Act for illegal assembly, said Dang Wangi's acting Superintendent Che Hamzah Che Ismail. The remainder of the marchers dispersed following the arrests. "Authorities seem to be upset by any visible signs of protest and I think this is a problem with the country," said Sivarasa, who is also a leader of PKR. "They don't seem to be able to deal with peaceful dissent," he told AFP before he was arrested. Organiser Latheefa said that Malaysians needed to continue to exercise their constitutional right to public assembly. Willing to cooperate Earlier today, at about 8am, the small group of about 100 gathered at the Sogo departmental store under the watchful eyes of the police. There were however no signs of the dreaded Federal Reserve Unit and their water cannon trucks. The marchers had carried banners that read "Lawyers for the freedom of assembly" and "Government that abuses human rights is terrorist." Eyewitnesses said that one of the persons arrested was dragged into the waiting police truck and the arrests were done despite the marchers’ willingness to cooperate with the police. This small group of marchers have undertaken this march after the Bar Council had dropped its annual march in conjunction with the International Human Rights Day celebration - which falls on Dec 10 - due to pressure to obtain a police permit. Yesterday the police had warned the public not to participate in the march given that no permit had been issued for the gathering. "As no permit has been issued for the gathering, those who take part in it can be charged under Section 27(5) of the Police Act 1967 for participating in an illegal assembly," warned Che Hamzah in a Bernama report. Upon the decision of the Bar Council to call off the march, at least 15 lawyers decided to proceed with the walk to make a statement that citizens have a right to assemble peacefully and without prior requirement of a police permit. Venue changed Two days ago, Surendran had said that the march was purely initiated by a group of concerned lawyers, adding that the organisers will not be applying for a police permit. “We think that applying for a permit is a negation of our fundamental right to freedom of assembly as enshrined in Article 10 of the Federal Constitution,” he had explained. “We feel the (Bar Council) march was called of due to undue pressure from the authorities. We want to send a message that the people of Malaysia have the right to a peaceful assembly,” Surendran said. Bar Council chairperson Ambiga Sreenevasan meanwhile had explained that the decision to call off the march was made after “anxious consideration to the present circumstances that surround the event, particularly the interests of the public and the Malaysian Bar." The Bar Council also moved its “Festival of Rights” event today to its own building located near Central Market after police insisted that organisers apply for a permit to hold the event at Central Market. In a related development, Ambiga today expressed disappointed over not being allowed to see the arrested people. Ambiga said that the march was peaceful and slammed the arrests as "totally unnecessary and unfortunate." "The Bar holds the view that requirement of police permit is unconstitutional," she told reporters. Meanwhile the police continued to exert pressure on the Bar Council over their ‘Festival of Rights’ by arresting the council’s human rights committee chairperson Edmund Bon, allegedly for preventing the authorities from performing their duty. Eyewitnesses said that Edmund was arrested at about 12.45pm for blocking Kuala Lumpur City Hall (DBKL) officials from removing human rights banners outside the Malaysian Bar building in Leboh Pasar Besar in Kuala Lumpur.

WE WILL MARCH ON SUNDAY!

WE WILL MARCH ON SUNDAY!

The Bar Council has called off the December 9 Human Rights Walk. I think it was a mistake to have done so, but I have no interest in debating here the rights and wrongs of that decision. I write solely to declare that Iawyers who are determined to defend the freedom to peacefully assemble will nevertheless march on Sunday Dec 9 at 7.30am from Sogo to Central Market in commemoration of Human Rights Day.

We will march for the following reasons :

a) because it is our inalienable right to do so;

b) because Article 10 of the Federal Constitution gives us the right;

c) because they've got some cheek telling us we've got to petition the constabulary before exercising our fundamental rights.A right which can only be exercised with the consent of the District Police Chief is a shrivelled up and pitiful kind of right. It is a shadow of the shadow of a right;

d) because we're inclined to be part of a culture of obedience to the high-handed directives of a tainted and unjust state apparatus;

e) because we're even less inclined to be menaced by a State which is so pathetically terrified of its citizens peacefully assembling.

Let us be clear about this: Any march/walk that is carried out under the authority and indulgence of the local police chief is not an assembly of free citizens. It is then nothing more than a chain-gang of miserable citizens marching under a cloud of fear.

The Bar Council as an institution has decided to cancel the march; but there is no reason why lawyers in their individual capacities and civil society groups should not carry on with the Sunday march. In view of the increasingly strident attacks by the authorities on the right to peacefully assemble, we have formed " Lawyers for Freedom of Assembly" to defend and protect that right. Caving in to the threats and hard tactics of the authorities will seriously set back the ongoing struggle for a just and free Malaysia.

All lawyers and civil society groups are welcome to join the " Lawyers for Freedom of Assembly" for our march on Sunday. Support this move to preserve the basic rights of all Malaysians.

Written by: N Surendran

For Inquiries:
N Surendran
0123207066

Latheefa Koya
012 3842 972

Suhakan Bloody Sunday Report Highlights (Malaysiakini)

Suhakam Bloody Sunday report: Highlights

Mar 23, 07 5:19pm

The following are some of the crucial observations and recommendations made in Malaysian Human Rights Commission (Suhakam) report of the public inquiry on the May 28, 2006 demonstration at KLCC. Peaceful assemblies important for democracy Recommendation: “It is timely that the police and the FRU realise and accept that demonstrations and peaceful assemblies are not an annoyance but are a necessary element in a democratic nation. With that realisation in mind, the best possible method to preserve and maintain order is (police) restraint.” Cops interfered in protesters rights to assembly The panel concluded that the participants of the demonstration were “entitled to the constitutional right to peaceable assembly, notwithstanding the lack of licence to do so.” “(We) emphasise that every citizen, including members from the opposition parties, should not be denied this constitutional guarantee”. “(We) find that the acts of the police in dispersing the assembly... had interfered with the right to the freedom of assembly of the protesters”. Police used ‘excessive force’ The panel found that the police, in the act of dispersing the protesters, had used ‘excessive force’ on 10 individuals, including one journalist. Evidence led the panel to positively identify L/Corp Mustika Lambonding to have used ‘excessive force’ on one of the demonstration participants. Whether the assembly was peaceful C/Insp Pusparajan and L/Corp Nasaruddin Hashim both from the FRU testified that the assembly, at all times, was orderly and not unruly. This was clearly observed in the video and sound recordings. “[...] there was no evidence that the crowd became disorderly, unruly or violent at any time at all [...] there was no shred of any evidence that any third party was there to disrupt the assembly” Arrest unwarranted While there was no permit issued for the assembly, the panel stressed that the assembly was peaceful and did not warrant any arrest. It was observed that some arrests were carried about appropriately but were not justified “as these individuals were merely protesting peacefully”. The acts of the protesters during the incident “cannot be said to have breached the peace or calculated to have breached the peace”. Licencing requirements to assemble “Whilst international standards consider the requirement of prior authorisation or notice as being compatible with the right to freedom of assembly, the panel of inquiry finds that the requirement for a licence imposed by Section 27 of the Police Act 1967 and the lack of definition of the phrase, ‘prejudicial to the interest of the security of Malaysia’ effectively negates the right to freedom of assembly enshrined in Article 10 of the Federal Constitution.” Recommendations: “From the foregoing, it is observed that the laws regulating assemblies are moving towards a cooperative model in several jurisdictions where both parties, the organisers and the police, co-operate in the regulation of an assembly. Such co-operations has proven to be effective in maintaining peaceful and orderly assemblies. As such, the panel of inquiry recommends the repeal of subsections (2), (2A) - (2D), (4), (4A), (5), (5A) - (5C), (7) and (8) of Section 27, and also Section 27A of the Police Act 1967, thereby removing the need to apply for any licence to hold a peaceful assembly.” Protest organisers should notify police Recommendation: It was recommended that those intending to organise a peaceful assembly should notify in writing to the local police chief the details of the assembly. “The panel of inquiry also recommends that the requirement of notification be followed by meetings between the organisers of the proposed assembly and relevant police officers so as to confirm the practical arrangements for the assembly or procession.” “The panel further recommends that any persons whose rights may be affected by the assembly or any arrangement relating to the assembly should be allowed to make an urgent application to the High Court for intervention.” Warnings of dispersal The panel found that the police issued four warnings for the crowd to disperse, but “most of those in the crowd could not make out the announcements because the warnings were not effectively conveyed.” It was found that most members of the crowd had started to disperse when the water cannon was activated but the police “charged after the members of the assembly”. Recommendations: “Orders to disperse should be clearly audible and given at least three times at ten-minute intervals, with sufficient time given to allow the crowd to disperse. “Once the crowd disperses, the police should not chase and arrest those moving away or those who have moved away,” Identification of riot police The majority of FRU personnel called as witnesses could not identify fellow personnel. “Firstly, the persons who used violence were in protective body armour and were using helmets and visors which obscured their faces. “Secondly, they did no wear personal identification (either names or badge numbers).” Recommendation: “While the panel acknowledges the necessity of the police and FRU personnel to wear helmets and other protective apparel or items, these apparel or items should bear clear identification (of the personnel’s identity).” Organisers should appoint marshals Recommendations: Regulations or guidelines pertaining to peaceful assemblies should require assembly organisers to appoint marshals and provide their details to the police. “The appointment of marshals should be implemented in Malaysia as they provide a focal point for members of an assembly and police for the purpose of consultation and liaison.” Use of helicopter The panel concluded that the police helicopter present at the protest had received specific instruction to fly ‘low and hover over the crowd’ for two purposes: To prevent the assembly from hearing the speeches and to disrupt the assembly. “The panel finds that the instruction given to fly low and to hover over the crowd was rash and was given without consideration to the safety of the people at the place of assembly. Recommendation: “The panel is of the view that no helicopter should be used to disturb any assembly. The panel is of the opinion that usage of a helicopter during assemblies, if necessary, should be limited for monitoring purposes only”

Suhakam: Cops used ‘excessive force’ (Malaysiakini)

Suhakam: Cops used ‘excessive force’

Andrew Ong Mar 23, 07 2:36pm

Suhakam’s panel of inquiry into allegations of police violence during an anti-fuel hike demonstration on May 28 last year at KLCC concluded that the police used ‘excessive force’ on 10 individuals in dispersing the crowd. “The severity of injuries suffered by these [...] persons varied, from five stitches on the head to bruises and abrasions,” said the panel in its report on the public inquiry of the incident. The month-long public inquiry was held in October last year after receiving complaints from victims and civil society groups on the police conduct, in particular the Federal Reserve Unit (FRU), that day. Panel members include Zaitoon Othman, Choo Siew Kioh, Dr Michael Yeoh and KC Vohrah who headed the team. The panel released its report on the inquiry this morning at the Human Rights Commission headquarters in Kuala Lumpur. On May 31 last year, then Inspector General of Police Mohd Bakri Omar denied allegations of police violence and insisted that only ‘minimum force’ was applied on protesters. Bakri also defended the actions of police personnel at the scene that day. Positive identification Based on the video evidence and identification by a police witness, the panel positively identified L/Corp Mustika Lambonding as the police personnel who used excessive force on Lee Huat Seng. The report said the video had depicted a police officer swinging a baton and hitting Lee. The panel noted that one victim, Lim Ban Teng, suffered a broken thumb during the melee. The report warned that the person who caused the injury could be charged with the offence of committing grievous hurt under the Penal Code. The panel was however unable to make a conclusive finding on the personnel responsible for the injuries suffered by Zahir Hassan because the evidence produced were still photographs. Zahir, an opposition politician, had told malaysiakini earlier that he was repeatedly kicked by several riot police personnel as he was moving away from the area where the demonstration took place (photo). On other cases of excessive force used by the police, the panel ‘strongly recommends’ that the police conduct internal investigations to ascertain personnel involved with a view of taking disciplinary action against them. The panel said that if it was deemed necessary, the police should also recommend that the public prosecutor take further action. Disproportionate to police aims Quoting a United Nations’ human rights training manual for the police, the report said in instances where the situation necessitates the use of force, the degree of force used must be in direct proportion and only to the extent required for the legitimate ends of law enforcement and maintaining public order. “The panel [...] finds the interference by the police and the FRU in dispersing the assembly on May 28, 2006 at KLCC and the arrests that were affected were disproportionate to the aims of preventing disorder and protecting the rights of other and are not judicious in a democratic society,” read the report. The panel also found that the assembly was ‘peaceful’ within the meaning of Article 10 of the Federal Constitution (rights to assembly) and international human rights standards. “The assembly was peaceful. There was no violence. The actions and speeches (by protest participants) did not provide incitement or cause violence or a breach of the peace,” read the report. The public inquiry was established to determine whether any human rights violations occurred during the May 28, 2006 demonstration at KLCC and if so: which person or agency was responsible for the violations; how such violations came about; what administrative directives and procedures or arrangements contributed to them; and what measures should be recommended to be taken to ensure that such violence does not recur.

21 arrested in toll protest (Malaysiakini)

21 arrested in toll protest

Jan 21, 07 5:41pm (Malaysiakini)

After watching the anti-toll hike protest from the sidelines for the past two weeks, the police today did the reverse - arresting 21 demonstrators even before the protest had started. Among those arrested were protest leaders including Parti Keadilan Rakyat Information chief Tian Chua, PAS leader Dr Hatta Ramli and DAP leader Ronnie Liu. The demonstration in Cheras today was organised by anti-toll hike organisation Protes - a coalition of opposition parties, civil society groups, trade unions and student groups, in which Hatta is the movement's secretary. The arrested protestors have been taken to the Kajang police headquarters. Four protestors, including Tian Chua, were hurt in the melee with the police and had been taken to the hospital for treatment. All the protestors held at the police station were released at about 9.30pm on police bail and have been asked to report to the Kajang magistrate's court on Feb 5. Crowd in front of station Earlier, DAP secretary general Lim Guan Eng, who met with the police officials, told the media that he was given the assurance that the protestors would be released soon. "They said that they will release the protestors after taking statements from them," he said. A crowd of about 50 people has also gathered in front of the Kajang police station, waiting for the release of the protestors. The protest today in Cheras in Kuala Lumpur was the third in the series of protests organised by the coalition to oppose the hike in the toll rates at five Klang Valley highways beginning Jan 1. In the earlier two protests - the first at the Sunway City toll plaza along the LDP highway two Sundays ago and the second in Gombak last Sunday - the police force was widely commended for allowing the peaceful protests to proceed peacefully. However, it was a different story today. Shocked and surprised Just as the protestors - numbering less than 100 - were gathering at two places at the Cheras Batu 11 toll plaza at about 4pm today to show their displeasure against the hefty toll hike, the police issued them a warning to disperse. Kajang police chief ACP Rosli Mohd Nizam told the crowd to disperse as it was an illegal assembly. In one of the spots - near a concrete road barrier closing an alternate route which bypass the Cheras-Kajang highway toll - about 30 would-be protestors led by PKR leader Lee Kim Sin had gathered. The concrete barrier forces residents in the area to use the toll highway. However, some of them left the scene after the police warnings of dispersals. Later, about 40 others led by Bandar Mahkota Cheras Free Access Road Action Committee president Tan Boon Hwa came to the area with banners and flags. They were given five minutes to disperse, but the police started arresting the protestors in about three minutes. Tan (photo) and a few others put up a struggle, but eventually six at the concrete road barrier - including Lee Kim Sin - were arrested. There were about 80 police officers on the scene. In all, the police arrested 21 protestors in both the spots - the second spot being the rest area near the toll plaza. Both the regular police force and the anti-riot Federal Reserve Unit were involved in dispersing the crowd. Surprised and shocked by the harsh police action, the rest of the protestors slowly begin to disperse from the protest venues. A malaysiakini journalist was also held by the police. He was not officially detained but his camera was seized. He too was also taken to the Kajang police station. “I have not been detained but they are keeping me here. I can walk around and make phone calls,” said journalist Andrew Ong using his mobile phone. He has been told that the police were awaiting orders from the Kajang police chief. He said that the police wanted to see the photographs he took of the protest. He was later released with his camera after about two hours from the Kajang police station. Sharp rise Beginning Jan 1, the toll rates for five major highways in the Klang Valley increased between 20 to 60 percent. Lebuhraya Damansara-Puchong (LDP) saw the highest rise with its toll rising from RM1 to RM1.60 while the Kuala Lumpur-Karak Highway's Gombak toll is now at RM5, an increase of RM1. The highway's Bentong toll was increased by 50 sen to RM3. The other affected highways are Shah Alam Highway, Cheras-Kajang Highway and the Guthrie Corridor Expressway. The hikes have drawn strong reaction from various groups including component parties of the ruling Barisan Nasional coalition. The protest in Sunway City was the most notable thus far which drew thousands of participants from all walks of life in denouncing the drastic hikes in toll charges. [photographs by Andrew Ong]