The Bar Council welcomes the stand taken by SUHAKAM (the National Human Rights Commission of Malaysia) calling upon the police to allow the holding of the proposed gathering in the precincts of the Bangunan Sultan Abdul Samad Court Complex planned for 4th August 2000 in conjunction with the delivery of the judgemeht in the Anwar Ibrahim trial. We also endorse the views of SUHAKAM that all parties concerned, i.e.the supervising authorities as well as those participating in the gathering should ensure that the gathering is peaceful.
The Bar Council would also take this opportunity to reiterate its view that the Malaysian Constitution provides for the fundamental civil and political right to freedom of peaceful assembly. It notes that the restrictions imposed by the Police Act 1967 would appear to abrogate this important constitutional right and hence not be in consonance both with the Constitution and established international standards of human rights.
We hope that the Police, SUHAKAM and those responsible for organising the gathering will be able to sit together as soon as possible in a dialogue to ensure cooperation by all parties to ensure that the civil rights of citizens are protected. To this end, we would suggest to the Police that crowd control be people friendly and to ensure that all Police personnel on duty there are in uniform.
SUHAKAM's proposal that its Commissioners be present at the scene to observe proceedings is most laudable. We appreciate that SUHAKAM is attempting to discharge its duty to monitor the protection of human rights with limited resources at its disposal. The important work of SUHAKAM in this regard requires full support of all concerned parties. The Bar Council therefore is prepared to provide assistance to SUHAKAM to observe and monitor events on 4th August 2000 and will mobilise volunteer lawyers from its Human Rights and Legal Aid committees for this purpose.
Dated this 2nd day of August, 2000
Haji Sulaiman Abdullah Pengerusi Majlis Peguam Malaysia
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