21. Suhakam's Concern

1. The Human Rights Commission of Malaysia (SUHAKAM) is deeply concerned with Media reports that the Police have summoned some Bar Council Officials in connection with the September 26, “Walk For Justice” involving more than two thousand lawyers and supporters from the Palace of Justice to the Prime Minister’s office. It was reported that the Police are making investigations into the walk on the ground that the organisers did not have a valid police permit for the walk.

2. The right to freedom of peaceful assembly is enshrined in Article 10 of the Federal Constitution. This right is also contained in the United Nation Declaration of Human Rights (UDHR) and other international human rights treaties.

3. SUHAKAM further states that section 27(2) Police Act 1967 which gives the OCPD discretion to approve the application for a licence to convene an assembly is unjustified and against human rights principles. The Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police in its report has also expressed its concern with regard to section 27 of the Police Act 1967 and has stated that section might be challenged as unconstitutional.

4. In particular the report of the SUHAKAM Public Inquiry into the Incident at KLCC on 28 May 2006 was also of the view that the requirement for a licence by s 27 of the Police Act 1967 and the lack of definition of the phrase “prejudice to the interest of the security of Malaysia” effectively negates the right to the freedom of assembly enshrined in Article 10 of the Constitution.

5. There have been cases where some political parties have, without hindrance, been allowed to hold assemblies without a permit. The police should in fact allow all public assemblies without the need to apply for a licence under s27 of the Police Act and the Police should adopt the guidelines issued in the SUHAKAM Report which “accommodate the exercise of the right to protest within a framework of public order which enables ordinary citizens, who are not protesting, to go about their business and pleasure without obstruction or inconvenience”.

6. SUHAKAM is strongly of the view that as the subject matter of the Bar Council march was in regard to the formation of a Royal Commission of Inquiry to inquire into allegations of the brokering of judicial positions, it is a topic of great public interest and would not have posed any threat to the security of the Federation or public order; it was properly held in consonance with human rights principles which Malaysia subscribes to.