The Malaysian Bar - SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 1 (11 Oct 2011)

SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011: Day 1 (11 Oct 2011)

Monday, 24 October 2011 09:11am

Contributed by Ng Chia How, Pupil in Chambers, with photos by Adilah Ariffin, Executive Officer, Bar Council

The Bar Council has a team of lawyers attending the SUHAKAM Public Inquiry on Allegations of Violations of Human Rights Prior To and During the Public Rally on 9 July 2011. Please click here to view all their reports on the proceedings.

On 11 Oct 2011 (Tuesday), the Human Rights Commission of Malaysia (Suruhanjaya Hak Asasi Manusia Malaysia (“SUHAKAM”)) held the first day of the public inquiry (“Inquiry”) it had initiated to investigate “allegations of violations of human rights, including the use of excessive force by the authorities prior to and during the public assembly on 9 July 2011”.

The decision to hold the Inquiry had been made on 14 July, within a week of the public assembly that had been organised by BERSIH 2.0 and had taken place in Kuala Lumpur.

The terms of reference for the Inquiry were:

1. To determine whether there were any violations of the human rights of any person or party prior to and during the public assembly on 9th July 2011;
2. If violations of human rights did occur, to determine

i. How such violations came about;
ii. What administrative directives and procedures, or arrangements contributed to such violations; and
iii. Which person or agency was responsible for such violations.

3. To recommend measures to be taken to ensure that such violations do not recur.

The Panel of Inquiry was chaired by Professor Datuk Dr Khaw Lake Tee (SUHAKAM Vice-Chairman), with the other members consisting of Commissioners Professor Datuk Dr Mahmood Zuhdi b Hj Abdul Majid and Detta Samen. There were two observers at the Inquiry, namely Polis DiRaja Malaysia and Bar Council.

Members of Bar Council’s observer team, led by Lim Chee Wee, President of the Malaysian Bar, were:

(1) Deepa Nambiar;
(2) Natalie Ooi;
(3) Ng Chia How;
(4) Richard Wee Thiam Seng;
(5) Roger Chan Weng Keng;
(6) Seira Sacha bt Abu Bakar;
(7) Syahredzan Johan; and
(8) Yohendra Nadarajan.

Three witnesses – Kenneth Steven Chan, Rita Lee and Noor Syazwani Muharam – were called to give their testimony. Two of them were laypersons who had witnessed water cannons and tear gas being used outside Menara Maybank. Both witnesses had taken photographs of the police arresting persons who had donned the BERSIH 2.0 t-shirt during the rally, as well as a policeman pouring an unknown liquid into the tank of the water cannon truck. The two witnesses also testified that the crowds at Menara Maybank, Puduraya and Tung Shin Hospital had not been aggressive, and had not reacted violently when arrests took place.

The third witness, Noor Syazwani Muharam, was a member of the Bar Council monitoring team that had been set up to observe the public assembly. She testified that she had seen police shoot tear gas in the direction of the crowd that had gathered near the Bar Council building. She also related the Bar Council monitoring team’s duties during the rally and attested that the police had not hindered her work as a team member.

The Inquiry ended at about 1:00 pm and was tentatively adjourned to 15 Nov 2011 (Tuesday). SUHAKAM concluded the day’s proceedings by urging members of the public who had witnessed any incidents relevant to the Inquiry’s terms of reference to come forward and give a statement to SUHAKAM, which could assist them with conducting a more thorough Inquiry.