---------- Forwarded message ----------
Date: Mon, May 7, 2012 at 5:34 PM
Subject: Fw: Press Release: Police Response During BERSIH 3.0 Rrally Disproportionate and Excessive
Date: Mon, May 7, 2012 at 5:34 PM
Subject: Fw: Press Release: Police Response During BERSIH 3.0 Rrally Disproportionate and Excessive
Police
response
during BERSIH
3.0 rally
disproportionate
and excessive
The
Malaysian Bar
is appalled at
the abuse of
the legal
process and
grotesque use
of force by
the police in
connection
with the
BERSIH 3.0
rally in Kuala
Lumpur
yesterday, 28
April 2012.
The
crowds that
had gathered
for the BERSIH
3.0 rally
reflected a
broad
cross-section
of Malaysian
society, and
were peaceful.
The police
were initially
restrained,
although they
did try to
stop people
from reaching
various
pre-announced
meeting
points.
However, the
attitude of
the police
underwent a
sea-change at
3:00 pm that
day. The
reported
breach of
police
barricades in
some areas
does not
justify the
police
unleashing the
full force of
their arsenal
upon crowds
that were
peaceful. The
police have
shown in this
incident that
they do not
have the
maturity,
discipline and
restraint
required of a
professional
force. In
this regard
the Malaysian
Bar strongly
disagrees with
the Minister
of Home
Affairs’
assertion that
the police
acted
professionally.
The
court order
excluding
members of the
public from
Dataran
Merdeka is
arguably
defective in
law due to a
lack of
specificity.
Given that
the BERSIH 3.0
rally had been
announced on 4
April 2012,
there was no
need to have
obtained the
order ex
parte.
There had
been ample
opportunity
for the
relevant
parties to be
heard before
deciding if
such an order
deserved to be
issued. In
addition, the
order was
obtained with
respect to a
situation of
the
authorities’
own making, by
their
unjustifiable
denial of
access to
Dataran
Merdeka. It
is important
to bear in
mind that the
Minister of
Home Affairs
had previously
announced that
the BERSIH 3.0
rally was not
a security
threat.
Nonetheless,
having
obtained the
exclusion
order, the
police
proceeded to
disrespect the
order by
unilaterally
closing
additional
roads and
restricting
access to
other areas
not covered by
its terms.
The terms of
the order
itself, the
closing of the
roads and the
restriction in
access gave
rise to a
tense
situation that
contributed to
the
unnecessary
violence that
occurred.
As
has been done
with some
other public
assemblies in
the past, the
Malaysian Bar
deployed
lawyers and
pupils-in-chambers
to act as
monitors
during the
rally,
numbering
approximately
80. Our
monitoring
teams reported
witnessing the
use of an
array of
heavy-handed
tactics by the
police,
including the
indiscriminate
discharging of
multiple
rounds of tear
gas without
any obvious
provocation,
and arbitrary
use of water
cannons.
Police fired
tear gas
directly at
the crowd.
They also
manoeuvred
their firing
pattern to box
in the
participants
rather than
allowing them
to disperse
quickly. This
is not action
to disperse,
but is instead
designed to
attack, a
crowd. When
items were
thrown at the
police, the
police stooped
to return like
for like.
The
Malaysian Bar
does not
countenance
the
belligerent
conduct shown
by a number of
the
participants.
However, we
express deep
and serious
concern as to
how the police
responded.
The police
displayed a
lack of
restraint and
proportionality,
reminiscent of
their actions
at the BERSIH
2.0 rally on 9
July 2011.
Instead of
displaying
action to calm
the situation,
they instead
aggravated it
and
contributed to
the escalation
of the
conflict.
Although
organisers of
public
gatherings
must bear some
responsibility
when things
get out of
hand due to
their action
or inaction,
this does not
and cannot
excuse the
response of
the police.
The
monitoring
teams also
witnessed
numerous acts
of police
brutality,
such as
assault of
arrested
persons.
Instead of
merely
apprehending
suspects, the
attitude of
the police was
punitive in
nature. The
reported
attacks by the
police on
members of the
media, both
local and
international,
and the
confiscation
and/or
destruction of
their
photographs
and video
recordings,
speaks to
police action
in covering up
or preventing
a full and
accurate
record of the
BERSIH 3.0
rally and the
responses of
the police.
Regrettably,
the police
also showed a
general lack
of cooperation
towards the
Malaysian
Bar’s
monitoring
teams, and
were hostile
in their
attitude and
approach at
times. This
is most
unprofessional
and
unbecoming,
and serves as
an unhealthy
development
with negative
connotations
for the
future.
The
Malaysian Bar
notes that
yesterday’s
events have
not occurred
in isolation,
but stem from
the
fundamental
problems that
gave rise to
the BERSIH 3.0
rally in the
first place,
namely the
ongoing and
outstanding
issues
relating to
the electoral
roll, and the
lack of
confidence in
its integrity
and that of
the electoral
process in
Malaysia.
Those
who look upon
Dataran
Merdeka as a
symbol of
freedom will
view the
exclusion from
Dataran
Merdeka as
freedom
denied. The
promise by the
Government to
respect
democracy and
human rights,
and implement
reforms, was
tested
yesterday.
The
Government’s
response and
actions during
the BERSIH 3.0
rally provided
an indication
of whether the
new reform
legislation
will be
perverted and
abused in its
use and
implementation,
where the wide
powers vested
in the
authorities
call for
measured,
proportionate
and mature
exercise. The
events of 28
April 2012 do
not bode well
in this
regard.
Transformation
and real
recognition of
democratic
rights come at
a price,
namely
constant
vigilance.
The cost of
not
transforming
and not
allowing
Malaysians the
proper
exercise of
our democratic
rights is too
high. In
Malaysia’s
march towards
developed
nation status
by 2020, which
is only eight
years away,
the
constitutional
right to
clean, free
and fair
elections
cannot and
should not be
sacrificed.
Christopher
Leong
Vice-President
Malaysian
Bar
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