The alleged misconduct and excessive use of force by the police during the
mammoth rally held over the weekend in Kuala Lumpur have been documented by the
Bar Council monitoring team.
In a statement today, council president S Ambiga said various observations were
made by the 40 lawyers sent to monitor the rally organised by the
opposition-backed Coalition for Clean and Fair Elections (Bersih)
She listed down five ‘worrying features’ in the conduct of the police which
includes:
1. It was unreasonable for the large number of police personnel to man
blockades; to inspect and detain vehicles and persons; and further prevent
persons from entering the city. The disproportionate use of resources could have
been channeled to other initiatives of crime-fighting.
2. The barricades around Dataran Merdeka, Central Market and Masjid Jamek caused
more inconvenience to those who did not wish to be in the gathering and
strengthened those who did.
3. The use of physical aggression, violence, spraying chemically-laced water and
tear gas at a non-provocative crowd in Masjid Jamek, Jalan Tuanku Abdul Rahman
and Jalan Raja Laut without warning was unnecessary.
Such measures are of last resort and not the first instance. As a result,
several people including bystanders were injured by the water and gas. The
authorities initiated physical force on the crowds, caused blockades and stand
offs on the road.
4. The deployment of several helicopters flying very low to the ground was
extremely dangerous in addition to being provocative and a form of intimidation.
The noise created by the helicopters interrupted essential communications for
those who were at the gathering and the authorities on the ground.
5. The police refusal to give the Bar’s Urgent Arrest Lawyers Team access to
those arrested and detained despite the recent introduction of section 28A of
the Criminal Procedure Code. No accurate and adequate information of the
detainees and their grounds of arrest was forthcoming.
Our lawyers had to force their way into the police station to seek further
information.
Democratic right
Thirty-four people were arrested that day and released later. Several needed
medical treatment and were sent to the hospital by the lawyers.
“The Bar Council reiterates it position that citizens must be allowed the right
to peacefully assemble in exercising their democratic and fundamental human
right,” Ambiga said.
She opined that the police in attempting to block the Bersih gathering created
greater unintended chaos and that large peaceful gatherings should be organised
without the need for permits.
“The requirement in Section 27 of the Police Act 1967 which states that permits
must be given before an assembly may be held must be repealed immediately,” she
added.
The demonstration which brought traffic to a standstill saw some 40,000 people
taking to the streets to press for electoral reforms.
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