Anwar Ibrahim |
- Bar Council’s Final Report on Bersih 3.0: APOLOGIZE AND PAY COMPENSATION
- Hanif Must Step Down as Panel Chief in Bersih 3.0 Probe
- Stop Mocking the Rakyat’s Desire for Free and Fair Elections
| Bar Council’s Final Report on Bersih 3.0: APOLOGIZE AND PAY COMPENSATION Posted: 10 May 2012 08:42 PM PDT Motion in relation to the events of and surrounding the BERSIH 3.0 public assembly on 28 April 2012, and matters in connection therewith, proposed by Lim Chee Wee (Chairman, Bar Council), on behalf of the Bar Council, dated 4 May 2012 Whereas: (A) A public assembly was called for and organised by BERSIH 2.0, a coalition of 84 NGOs, on 28 April 2012 for electoral reforms. The public assembly was commonly known was BERSIH 3.0; (B) Dewan Bandaraya Kuala Lumpur refused to allow the assembly at Dataran Merdeka, as chosen by the organisers, and insisted on the use of alternative venues; (C) Despite the Minister of Home Affairs having twice asserted that the BERSIH 3.0 assembly was not a security threat, the police obtained an ex parte order from the Magistrates' Court on the evening of 26 April 2012 restraining Dato' Ambiga Sreenevasan, the organisers of the BERSIH assembly and members of the public from gathering at Dataran Merdeka; (D) The police announced, after obtaining the court order, that participants were permitted to gather at various points in Kuala Lumpur, except Dataran Merdeka; (E) It has been reported by various news agencies that there were between approximately 30,000 to 250,000 people gathered for the assembly in Kuala Lumpur on 28 April 2012. The Malaysian Bar monitoring team estimated the crowd to be at least 100,000 people; (F) The crowd that gathered that day reflected a broad cross-section of Malaysian society, and was peaceful; (G) There were police barriers set up at every point/road leading to Dataran Merdeka, most of which consisted of metal gates, water-filled dividers and razor wire; (H) There was massive police presence: approximately 14,000 personnel were reportedly deployed (including personnel from the Federal Reserve Unit) together with water cannons. It was observed that a substantial number of police personnel did not display their police identification numbers on their uniforms; (I) At approximately 2:35 pm the organisers of the assembly, through its Co-Chairperson Dato' Ambiga Sreenevasan, announced that the assembly had concluded and requested that the crowd disperse; (J) The police were initially restrained. However, this changed at approximately 3:00 pm, when there was a breach of the perimeter barriers set up at the junction of Jalan Tun Perak and Jalan Raja; (K) The police then responded by unleashing water cannon and firing successive volleys of tear gas directly into the crowd gathered at that junction, and along Jalan Tun Perak, Jalan Tuanku Abdul Rahman and Jalan Raja Laut. Similar police action was reported at other points where crowds had gathered; (L) The Malaysian Bar's monitoring teams reported witnessing the use of heavy-handed tactics by the police, including the indiscriminate discharging of multiple rounds of tear gas directly into the crowds, without any obvious provocation, and the arbitrary use of water cannons; (M) The police also directed their use of water cannon and firing of tear gas to box in participants rather than allowing them to disperse quickly. As participants retreated, the police should have re-established their barriers and given sufficient time to the crowd to disperse in an orderly and safe manner, instead of chasing participants and persistently shooting water cannon and firing tear gas on them. It appeared that the purpose of the police was not to disperse, but to attack, the crowd; (N) Random, widespread and wanton physical assault and brutality by the police on members of the public and media professionals have been reported. It has further been reported that there was confiscation and/or destruction of photographs and video recordings made by members of the public and media professionals, and damage caused to their recording equipment; (O) There were unwarranted arrests of members of the public and media professionals. The police also arrested Members of the Bar who had participated in the public assembly. Whilst in the care and custody of the police, at least three of these Members were physically assaulted and beaten, and suffered serious injuries; (P) In response to the use of force by the police, sections of the crowd resorted to retaliatory acts, including the throwing of stones and bottles. The police responded like for like. These skirmishes between the police and sections of the crowd carried on until approximately 7:00 pm; (Q) The police have failed to display the maturity, discipline and restraint required of a professional force. Instead of acting to calm the situation, they aggravated it and contributed to its escalation; (R) It has been reported that the organisers of the BERSIH 3.0 assembly had not made sufficient efforts to manage the crowds or to resolve the impasse between the police and the crowds; (S) It has been reported that between 388 and 513 persons were arrested and taken to Pusat Latihan Polis ("PULAPOL"), Jalan Semarak, Kuala Lumpur. The Malaysian Bar's urgent arrest team, comprising members of the Bar Council Legal Aid Centre (Kuala Lumpur) and volunteer lawyers, were present at PULAPOL to assist and represent the arrested persons. However, the police refused to allow them access to the arrested persons despite repeated requests by both the lawyers present and the arrested persons. This denial of access to legal representation is a violation of Article 5 of the Federal Constitution and section 28A of the Criminal Procedure Code; (T) The right of every citizen to freedom of speech and expression, and to assemble peaceably, is enshrined in Article 10 of the Federal Constitution as well as Articles 19 and 20 of the Universal Declaration of Human Rights; (U) The right of every person to life and liberty, including the right not to be assaulted or harmed, is enshrined in Article 5 of the Federal Constitution as well as Article 5 of the Universal Declaration of Human Rights; and (V) The Malaysian Government, as a member of UNESCO, is aware of the Medellin Declaration on Securing the Safety of Journalists and Combating Impunity, adopted at the UNESCO Conference on Press Freedom, Safety of Journalists and Impunity on World Press Freedom Day 2007; Now it is hereby resolved that: (1) The Malaysian Bar views with grave concern, and condemns: (a) the excessive, indiscriminate and wrongful use of water cannons and tear gas by the police on participants of the assembly; (b) the action of the police in not allowing the crowd sufficient time to disperse in an orderly and safe manner, and instead chasing the participants and attacking them by persistently shooting water cannon and tear gas on them; (c) the tactics of the police in trapping and attacking the participants with water cannon and tear gas instead of permitting them to disperse; (d) the random, widespread and wanton physical assault and brutality by the police on members of the public and media professionals; (e) the unwarranted arrests of members of the public, media professionals and Members of the Bar, and the physical assault and beating of at least three arrested Members; (f) the unjustifiable and unlawful confiscation and/or destruction of photographs and video recordings made by members of the public and media professionals, and damage caused to their recording equipment; and (g) the lack of discipline and professionalism of the police; (2) The Malaysian Bar calls for the police to identify their personnel involved in the misconduct and unlawful acts and surrender all the wrongdoers, in particular those who assaulted members of the public, media professionals and lawyers, for prosecution; (3) The Malaysian Bar renews our call on the Government to give effect to the recommendation of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police to set up the Independent Police Complaints and Misconduct Commission recommended therein, without further delay; (4) The Malaysian Bar calls for the Minister of Home Affairs and the Inspector General of Police to issue a public apology for the actions and conduct of the police, including the excessive, indiscriminate and wrongful use of water cannons and tear gas; (5) The Malaysian Bar calls for the Minister of Home Affairs and the Inspector General of Police to issue a public apology to members of the public, media professionals and lawyers who were assaulted or beaten by the police; (6) The Malaysian Bar calls for the setting up of an independent commission to recommend and formulate proper guidelines or operating procedures governing conduct of police in the control and management of public assemblies, and the use of non-lethal and lethal weapons, which would be in accordance with internationally-accepted standards, in particular the Code of Conduct for Law Enforcement Officials (adopted by United Nations General Assembly resolution 34/169 of 17 December 1979) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990; (7) The Malaysian Bar calls on the Government to pay just and proper compensation to members of the public, media professionals and lawyers who were assaulted; (8) The Malaysian Bar condemns the police for denying lawyers access to arrested persons and calls upon the police to abide by and give effect to Article 5 of the Federal Constitution and section 28A of the Criminal Procedure Code; (9) The Bar Council will look into how it can assist those denied their constitutional rights and those who were assaulted to pursue claims against the relevant parties for just and proper compensation; (10) The Malaysian Bar calls on the Government, in line with the Medellin Declaration, to: (a) prevent crimes against media professionals, investigate and penalise such crimes, provide witness protection for those testifying about them and ensure that the perpetrators do not go unpunished; (b) promote awareness and train Malaysian law enforcement agencies to respect and promote the safety of media professionals, and ensure that they are able to work in full security and independence; and (c) take resolute action for the safety of media professionals and ensure respect for their professional independence; (11) The Malaysian Bar calls on Dewan Bandaraya Kuala Lumpur to uphold freedom of assembly and the right of all to utilise Dataran Merdeka for public assemblies; and (12) The Malaysian Bar reaffirms the right of individuals to participate in public assemblies. Such right must however be exercised in a peaceful and responsible manner. The Malaysian Bar reminds organisers of public assemblies of their responsibility to take all reasonable action to ensure a peaceful assembly. The above Final Report is due to be discussed at Bar’s EGM slated for Friday, 11th May 2012 at 3pm |
| Hanif Must Step Down as Panel Chief in Bersih 3.0 Probe Posted: 10 May 2012 07:36 PM PDT PETALING JAYA, May 11 — Tun Mohammad Hanif Omar must step down as head of Putrajaya's independent panel probe on the Bersih 3.0 violence, Datuk Seri Anwar Ibrahim said last night. The PKR de facto leader said this was necessary to ensure the panel was completely fair and neutral in its investigations into incidents surrounding the April 28 rally. Former Inspector-General of Police Hanif was delusional in thinking Bersih 3.0 would bring a resurgence of communist threat, said Anwar (picture). "Tun Hanif still thinks he is the Inspector-General of Police fighting the communists, need to fight Chin Peng to the end… eh it (the communist threat) is already over," Anwar said at a Pakatan Rakyat (PR) ceramah attended by over 1,000 supporters. "I am asking that Tun Hanif withdraw as chairman. Do not fool the people. You know you are not neutral, insulting Bersih… the other panel members should also step down," Anwar demanded. DAP parliamentary leader Lim Kit Siang echoed Anwar's remarks, saying that Hanif's appointment was the "worst" decision the Najib administration had made in three years. "Tun Hanif should be a star witness in the enquiry, not the chairman… save the enquiry from embarrassment," the Ipoh Timor MP said to loud cheers from people at the ceramah. "Tun Hanif says Bersih 3.0 was a plot to overthrow the present government… where is the proof? "Rational Malaysians won't accept this explanation… that there were pro-communist elements during the rally," said Lim. The DAP has maintained Putrajaya's independent panel probe on the Bersih 3.0 violence would return biased findings following Hanif's appointment as its head. DAP secretary-general Lim Guan Eng had said that Hanif had already made clear his opposition to Bersih and his former position as IGP would serve as a conflict of interest when the panel probes allegations of police brutality. As such, he said, it was a "forgone conclusion" that the panel would absolve all police personnel from blame over the violent incidents during Bersih 3.0 last month. Home Minister Datuk Seri Hishammuddin Hussein announced the names of the six-man panel tasked to investigate allegations of police violence against Bersih 3.0 protesters on April 28. Apart from Hanif, the other panel members include former Chief Judge of Borneo Tan Sri Steve Shim, Sinar Harian managing director Datuk Hussamuddin Yaacub, Media Chinese International legal adviser Liew Peng Chuan, Petronas corporate affairs senior general manager Datuk Medan Abdullah and Universiti Kebangsaan Malaysia psychology Professor Dr Ruszmi Ismail. Prime Minister Datuk Seri Najib Razak had pledged last week that "credible, experienced and respectable" individuals would form the independent panel to probe the violence during Bersih 3.0. Najib said that he along with the entire government and members of the public are keeping a close eye on investigations into the allegations that journalists, both local and foreign, had been roughed up during the rally for free and fair elections. But Najib has come under fire for his administration's selection of Hanif to head the panel, even after the latter had agreed with the prime minister's claim that Bersih 3.0 was an attempt to overthrow the government and even claimed that communist sympathisers were involved in the event. Chaos reigned on the streets of Kuala Lumpur for over four hours after 3pm on April 28 when police fired tear gas and water cannons and chased protesters down the streets to disperse what had initially begun as a peaceful protest calling for free and fair elections. The Bar Council has said that its observers found that police brutality at the rally was "magnified" compared to already chaotic scenes during a similar gathering for free and fair elections last July 9. Six local pressmen and 12 photographers and journalists from the foreign media were reportedly assaulted during the fracas on April 28. Both local and foreign media groups have condemned the hard-handed tactics used on the media, whom they pointed out were merely doing their job. Police had begun firing the tear gas and water cannons after some demonstrators breached the barricade in front of Kuala Lumpur City Hall (DBKL) and rushed into Dataran Merdeka, which the court had barred the public from entering that particular weekend. They fired as far as the DBKL premises, which are across Jalan Parlimen, and the move broke up the crowd who fled helter-skelter but police chased them down at Jalan Tun Perak and Jalan Raja Laut. |
| Stop Mocking the Rakyat’s Desire for Free and Fair Elections Posted: 10 May 2012 04:00 PM PDT While we should welcome the government's withdrawal of amendments to the Election Offences Act, we must be cognizant that the said amendments should not have been tabled so hastily nor bulldozed through Parliament in the first place. This sudden but among the many about-turn decisions by the Najib administration not only demonstrates the sheer incompetence of a government lacking a reform legislative agenda but appears more likely to be a calculated move, making a mockery of the rakyat especially in light of the Bersih 3.0 demands and rally. This hard won victory by the rakyat on the aftermath of Bersih 3.0 is bittersweet as the electoral reforms demanded was never considered. Instead, what was not asked was proposed, passed in Parliament, only to be withdrawn now at the senate. The acceptance of the ‘decoy’ Parliamentary Select Committee on electoral reforms sans the opposition minority report, the ambivalence of the government on SUHAKAM’s recent report on the handling of the 2011 Bersih 2.0 rally, employing religious fatwas to demean the democratic right to peaceful protest, and the irresponsible attempt to paint the recent over 200,000 strong Bersih 3.0 rally as an attempt to overthrow the government through violent means are distracting and insulting to the Rakyat’s legitimate desire for free and fair elections. To add insult to injury, Prime Minister Najib now decides to appoint former IGP, Tun Hanif Omar as chairman of the ostensibly Independent Panel to Investigate Bersih 3.0 brutalities; which, undeniably includes the police force whilst sidelining SUHAKAM. Meanwhile, Najib continues to rebuff UN Special Rapporteur Frank Le Rue's offer to assist – much relying on the bruised and tattered credibility of Genting Director Tun Hanif. Clearly, if the administration lead by Datuk Seri Najib is even remotely interested in making Malaysia the ‘Greatest Democracy' and not the 'Greatest Mockery' in the world, all he needs to implement are the following: (a) all 8 demands made by Bersih 2.0 (b) a realignment of the existing malapportionment of both state and federal seats (where the difference between number of voters between seats should not exceed 15% – state seats should not cut across local authorities boundaries – and to recognise that 70% of Malaysians are already living in Urban areas hence the need for rural seats balance is not relevant. Furthermore based on GE12 in 2008, of the 139 smallest seats, BN was able to win 112 seats for a simple majority with just 2.06 million voters or 18.9% out of 10.9 million voter population (1)) (c) to repeal Section 9A of the Election Act that currently disallows judicial review of the electoral roll (d) to repeal in its entirety Printing Presses and Publications Act to facilitate free and fair media (e) to allow international observers for the upcoming 13th General Election (f) Royal Commission of Inquiry on the Sabah Illegal Immigrants issue (g) Royal Commission of Inquiry on the Citizenship for Votes scandal The above should be guaranteed to be implemented BEFORE GE 13 even if a special sitting of the Parliament is required. I believe that the government has the ability and the political will to do so as demonstrated vis the rushed eight pieces of legislation during the last day of Parliament; one of which has since been withdrawn. Failure of the Najib administration to implement these demands will only result in a General Elections that will be riddled with fraudulent practices, lending credence to the allegation of an illegitimate government, and Malaysia will never achieve the much touted objective of being the ‘Greatest Democracy in the World'. Nurul Izzah Anwar |
| You are subscribed to email updates from Anwar Ibrahim To stop receiving these emails, you may unsubscribe now. | Email delivery powered by Google |
| Google Inc., 20 West Kinzie, Chicago IL USA 60610 | |
Tiada ulasan:
Catat Ulasan