After extensive readings, I had already made up my mind that the authorities had planned and provoke the violence that marred BERSIH 3.0 rally. Here is one more evidence that it was so:
Calling out to all who were at the Bar Council yesterday.
Apparently some unidentified person or persons had removed the razor-sharp "barbed" wires of the barrier between the police and the protestors between the Bar Council building and Loke Yew building.
Tell me, for what other reasons that those intimidating barrier was removed if not to encourage the protestors to barge forward and thus be blamed for causing the violence?
Showing posts with label Bar Council. Show all posts
Showing posts with label Bar Council. Show all posts
Monday, April 30, 2012
Sunday, April 29, 2012
BERSIH 3.0: Malaysian Bar Council Statement
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, April 28, 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.
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.
Friday, April 27, 2012
BERSIH 3.0: Bar Council offers legal assistance
The Malaysian Bar’s Legal Aid Centre has readied a team to provide legal assistance for the BERSIH Jom Duduk Bantah protest if any arrests were to occur.
The team would be led by:
-Rajesweri Paramasevam (012-275 1660)
-Lim Chi Chau (016-228 8142)
-Adora Yusof (019-317 8347)
So for participants who intend to join in the protest for free and fair elections in Kuala Lumpur, do save these phone numbers in your handphone.
The team would be led by:
-Rajesweri Paramasevam (012-275 1660)
-Lim Chi Chau (016-228 8142)
-Adora Yusof (019-317 8347)
So for participants who intend to join in the protest for free and fair elections in Kuala Lumpur, do save these phone numbers in your handphone.
Thursday, April 26, 2012
Malaysia Bar Council Red Book guide if under arrest
1. POLICE STOP YOU
1.1 Not in uniform, ask for identification
Say: "Please, show me your Police authority card".
1.2 Police authority card
Red : Suspended Police Officer. He has no authority to do
anything to you. Walk away.
Other colours:
• Blue : Rank of Inspector and above
• Yellow : Below the rank of Inspector
• White : Reserve police
Note his name and Police authority card number.
1.3 In uniform
Note his name and ID number on his uniform.
1.4 Police vehicle
Note the number plate of the patrol car or motorcycle.
2. POLICE QUESTION YOU WHEN STOPPED
2.1 Your identification
Only give your name, ID card number and address.
2.2 The police ask other questions
Politely ask, "Am I under arrest?"
2.3 When you are under arrest
You are arrested if the Police:
• tell you "yes";
• do not allow you to leave/want to take you to the Police
Station; or
• handcuff you.
If you are not under arrest, you may walk away/refuse to follow
him back to the Police Station or anywhere else, if asked.
2.4 When you cannot be arrested
The Police cannot arrest you just because you are a potential
witness and they want to take a statement from you (Witness/112
Statement).
3. QUESTIONING BY POLICE WITHOUT ARREST
3.1 112 Statement
When the Police are investigating a case and think you have
information / knowledge about the case, the Police may question
you and take down your answers (112 Statement).
3.2 Informal/Formal Request
Most times, the Police make an informal request that you give a 112
Statement. If the place and time is convenient to you, cooperate.
If not, tell the Police you will do so at a convenient place and time.
If you refuse to cooperate, the Police may issue a formal order in
writing, signed by an investigating officer (Police Officer) to ask
you to cooperate.
If you disobey a Police Order, you cannot be arrested. However, it is
an offence and the Police may request the Magistrate to issue a
warrant against you to compel you to cooperate.
3.3 Giving a 112 Statement
You have the right to ask a lawyer to accompany you.
This is advisable.
In giving a 112 Statement, you may refuse to answer any question /
remain silent if the answer is likely to expose you to a criminal
offence.
• Bring along a notebook or writing paper with you (Personal Notes).
• Write down every question asked in your Personal Notes.
• Make sure you understand every question asked.
• Take your time and think carefully before writing your answers in
your Personal Notes.
• Read your answers to the Police Officer questioning you.
• Keep your Personal Notes for future reference.
3.4 Signing your 112 Statement
Before signing your Statement, read the questions and your answers
written by the Police Officer carefully.
• Compare the Statement you are asked to sign with your Personal
Notes.
• You have the right to make any corrections/changes to the
Statement before signing.
• Place your signature immediately below the last sentence of your
Statement.
4. POLICE ARREST YOU
4.1 Ask: "Why am I under arrest?"
An arrest is unlawful if you are not informed of the reason.
4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you
resist.
4.3 Ask: "Which Police Station are you taking me to?"
The arresting Police Officer must immediately take you to the
nearest Police Station and no other place.
4.4 What to do when arrested
You have the right to telephone:
1. Your relative or friend; and
2. A lawyer.
You may also call a nearby Legal Aid Centre (LAC). Inform them:
• you have been arrested;
• the time, place and reason of the arrest;
• the Police Station you will be taken to.
4.5 What happens after arrest
You may be detained up to 24 hours:
• at the Police Station, or
• in a lock-up to "assist" police investigation.
5. YOUR RIGHTS AFTER ARREST & DURING DETENTION
5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to
consult the lawyer at the Police Station. The Police must accord
you reasonable facilities and a reasonable time period for you to
meet and consult the lawyer. The Police may, however, deny you
this right, if the delay in questioning you may cause the occurrence
of another crime or cause danger to others.
5.2 Clothing
You are allowed to have one set of clothing with you in the
lock-up.
5.3 Personal belongings
The Police must record and put all your personal belongings in
safe custody. Your personal belongings must be returned to you
upon your release.
5.4 Welfare
You are allowed to take a bath two times a day. If you are sick,
you have the right to receive immediate medical attention.
You are to be given proper and adequate food and water during
detention.
5.5 How long can the Police detain you
The Police may only detain you for up to 24 hours for investigation.
The duty of the Police is to complete investigations within 24 hours
and to release you as soon as possible. If the Police cannot complete
investigations within 24 hours, they must bring you before a
Magistrate for a remand order to extend your detention beyond
24 hours (Remand Order).
6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS
6.1 Who is a Magistrate
A Magistrate is a judicial officer. The Magistrate has the power to
issue a Remand Order to detain you for more than 24 hours.
6.2 Purpose of a Remand Order
It is to give more time to the Police to complete their investigations
and decide whether there is evidence to charge you for an offence.
The Police cannot ask for a Remand Order only for the purpose of
taking a Statement from you.
1.1 Not in uniform, ask for identification
Say: "Please, show me your Police authority card".
1.2 Police authority card
Red : Suspended Police Officer. He has no authority to do
anything to you. Walk away.
Other colours:
• Blue : Rank of Inspector and above
• Yellow : Below the rank of Inspector
• White : Reserve police
Note his name and Police authority card number.
1.3 In uniform
Note his name and ID number on his uniform.
1.4 Police vehicle
Note the number plate of the patrol car or motorcycle.
2. POLICE QUESTION YOU WHEN STOPPED
2.1 Your identification
Only give your name, ID card number and address.
2.2 The police ask other questions
Politely ask, "Am I under arrest?"
2.3 When you are under arrest
You are arrested if the Police:
• tell you "yes";
• do not allow you to leave/want to take you to the Police
Station; or
• handcuff you.
If you are not under arrest, you may walk away/refuse to follow
him back to the Police Station or anywhere else, if asked.
2.4 When you cannot be arrested
The Police cannot arrest you just because you are a potential
witness and they want to take a statement from you (Witness/112
Statement).
3. QUESTIONING BY POLICE WITHOUT ARREST
3.1 112 Statement
When the Police are investigating a case and think you have
information / knowledge about the case, the Police may question
you and take down your answers (112 Statement).
3.2 Informal/Formal Request
Most times, the Police make an informal request that you give a 112
Statement. If the place and time is convenient to you, cooperate.
If not, tell the Police you will do so at a convenient place and time.
If you refuse to cooperate, the Police may issue a formal order in
writing, signed by an investigating officer (Police Officer) to ask
you to cooperate.
If you disobey a Police Order, you cannot be arrested. However, it is
an offence and the Police may request the Magistrate to issue a
warrant against you to compel you to cooperate.
3.3 Giving a 112 Statement
You have the right to ask a lawyer to accompany you.
This is advisable.
In giving a 112 Statement, you may refuse to answer any question /
remain silent if the answer is likely to expose you to a criminal
offence.
• Bring along a notebook or writing paper with you (Personal Notes).
• Write down every question asked in your Personal Notes.
• Make sure you understand every question asked.
• Take your time and think carefully before writing your answers in
your Personal Notes.
• Read your answers to the Police Officer questioning you.
• Keep your Personal Notes for future reference.
3.4 Signing your 112 Statement
Before signing your Statement, read the questions and your answers
written by the Police Officer carefully.
• Compare the Statement you are asked to sign with your Personal
Notes.
• You have the right to make any corrections/changes to the
Statement before signing.
• Place your signature immediately below the last sentence of your
Statement.
4. POLICE ARREST YOU
4.1 Ask: "Why am I under arrest?"
An arrest is unlawful if you are not informed of the reason.
4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you
resist.
4.3 Ask: "Which Police Station are you taking me to?"
The arresting Police Officer must immediately take you to the
nearest Police Station and no other place.
4.4 What to do when arrested
You have the right to telephone:
1. Your relative or friend; and
2. A lawyer.
You may also call a nearby Legal Aid Centre (LAC). Inform them:
• you have been arrested;
• the time, place and reason of the arrest;
• the Police Station you will be taken to.
4.5 What happens after arrest
You may be detained up to 24 hours:
• at the Police Station, or
• in a lock-up to "assist" police investigation.
5. YOUR RIGHTS AFTER ARREST & DURING DETENTION
5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to
consult the lawyer at the Police Station. The Police must accord
you reasonable facilities and a reasonable time period for you to
meet and consult the lawyer. The Police may, however, deny you
this right, if the delay in questioning you may cause the occurrence
of another crime or cause danger to others.
5.2 Clothing
You are allowed to have one set of clothing with you in the
lock-up.
5.3 Personal belongings
The Police must record and put all your personal belongings in
safe custody. Your personal belongings must be returned to you
upon your release.
5.4 Welfare
You are allowed to take a bath two times a day. If you are sick,
you have the right to receive immediate medical attention.
You are to be given proper and adequate food and water during
detention.
5.5 How long can the Police detain you
The Police may only detain you for up to 24 hours for investigation.
The duty of the Police is to complete investigations within 24 hours
and to release you as soon as possible. If the Police cannot complete
investigations within 24 hours, they must bring you before a
Magistrate for a remand order to extend your detention beyond
24 hours (Remand Order).
6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS
6.1 Who is a Magistrate
A Magistrate is a judicial officer. The Magistrate has the power to
issue a Remand Order to detain you for more than 24 hours.
6.2 Purpose of a Remand Order
It is to give more time to the Police to complete their investigations
and decide whether there is evidence to charge you for an offence.
The Police cannot ask for a Remand Order only for the purpose of
taking a Statement from you.
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