Suhakam panel: Incidents of misconduct, disproportionate force used by police during Bersih 3.0 rally

KUALA LUMPUR: Police used disproportionate force and there were incidents of misconduct against participants of the Bersih 3.0 rally on Apr 28, the Suhakam panel of inquiry on the Bersih 3.0 rally concluded.

The findings were based on witnesses' testimonies and video recordings, said panel chairman Datuk Dr Khaw Lake Tee.

The police, the panel said, also did not make it easy for participants to disperse, adding that restricted spaces and the large turnout prevented the crowd from dispersing quickly.

The continued use of water cannons and tear gas also prevented the crowd from dispersing quickly, thus trapping them, the panel said.

Dr Khaw, when reading the summary of the findings, said police had fired water laced with chemicals, 909 tear gas canisters on that day, adding that the gathering was peaceful until 3pm.

The findings also revealed that many participants were roughed up on the way to the holding area at Dataran Merdeka near the Royal Selangor Club, although there was no evidence to show they retaliated when being arrested or acted aggressively.

"It is quite worrying as some of them were attacked, not only by the police personnel who arrested them, but by other officers stationed along the road towards the holding area.

"The panel questions the need for violence and abuse when there was no evidence that those arrested had fought back or acted violently, " she read, adding that the police officers appeared as if they were acting in a group.

Dr Khaw said the various reasons given as to why disproportionate violence was used, including rumours of the death of a policeman, did not justify the actions.

The findings also revealed that some of the words used in the guidelines prepared by the organisers could be misinterpreted and could possibly encourage participants to act contrary to the law.

The panel also concluded that there were attempts by the police to prevent the media from carrying out their duties including confiscating their equipment, deleting photographs and arresting or assaulting them.

They also noted the possible presence of agent provocateurs who wore black, but said they could not verify or determine who those individuals were, the findings revealed.

The panel also stated that those who staged protests outside the residence of Bersih leader Datuk S. Ambiga were entitled to exercise their right of expression and freedom to assemble but noted that it should not deny the fundamental rights of Ambiga and other residents along the road.

The panel came up with 25 recommendations, some of which have been raised in previous reports on public inquiries on gatherings, Dr Khaw said.

Among the recommendations was for the police to review and amend their Standard Operating Procedure in the dispersal of assemblies in accordance with international human rights standards and ensure that participants are given sufficient time to disperse in an orderly and safe manner.

There is also a need for the police to make distinctions between a peaceful assembly and riots and for them to explore alternative means to warn and disperse participants and new ways of communication, the panel noted.

Members of the public, the panel said, should not take the law into their own hands and should respect the role and responsibility of the police.

The panel also commended the police for their successful handling of the 'Himpunan Kebangkitan Rakyat' rally held on Jan 12 this year.

However, the panel expressed disappointment that police had failed to provide them with the names of personnel who were stationed at Jalan Tun Perak after 3pm when the alleged violence occurred and for not sending officers that could answer the various allegations made witnesses from the public.

The public inquiry started on July 5 last year and ended on Jan 30.

A total of 49 witnesses testified before the three-member panel including members of the public, media, police personnel and professionals.

The three-member panel also included fellow Suhakam Commissioners Prof Emeritus Datuk Dr Mahmood Zuhdi Ab Majid and Datuk Detta Seman.