27. Implement IPCMC

HINDRAF Public Assembly: Respect and implement the Royal Commissions recommendations on policing immediately

Amnesty International Malaysia is gravely concerned over recent events regarding the conduct and response by the Royal Malaysian Police towards freedom of assembly in Malaysia. It is our view that the police have resorted to unnecessary use of force on peaceful demonstrators and arbitrary arrests of hundreds of people for exercising their constitutional rights. Amnesty International is also seriously concerned over the act of intimidation and harassment based on racial profiling in the setting up of roadblocks before the November 25 rally. We are also alarmed at the unprecedented act of obtaining a blanket unilateral restraining order without the other party being given a right to be heard, hence imposing an unfounded opinion that public assembly is an act of nuisance and a threat to public safety.

In view of all this, we regret that the police continue to undermine the constitutional rights to peaceful assembly and personal liberties even after the matter had been strongly addressed by the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police in 2005.

The right to assembly is a fundamental inherent right of all persons as provided in the Universal Declaration of Human Rights and the Federal Constitution. In 2005, the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police, in recognition of this right, proposed an amendment to section 27 of the Police Act 1967 that imposes the requirement of a permit and the absolute discretion on the police to grant approval to public assemblies. This important recommendation was also echoed by the Report of the SUHAKAM Public Inquiry into the Incident at KLCC on 28 May 2006.

We regret that this recommendation has yet to be implemented by the government and public assemblies continue to be clamped down with excessive force as witnessed in the public rallies held on November 10 and 25 respectively. Amnesty International views that the police have the responsibility to abide by international standards for law enforcement officials, set out in the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which stipulate that law enforcement officials must maintain and uphold the human rights of all persons in the performance of their duties.

Amnesty International Malaysia also emphasizes that the authorities must respect the right not to be subjected to arbitrary arrest or detention, and not to arrest or detain anyone for exercising their rights to freedom of expression and peaceful assembly. Amnesty International reiterates its call on the Malaysian Government to respect the findings and recommendations made the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police and to amend Section 27 of the Police Act and to immediately implement the Independent Police Complaints and Misconduct Commission (IPCMC) as well as all the recommendations made in Chapter 10 of the commission's report. Amnesty International Malaysia also strongly urges the Royal Malaysian Police to respect and protect the rights of the people to peaceful assembly and their personal liberties.

K.Shan
Campaigns Coordinator
Amnesty International Malaysia

26 November 2007