Amnesty International Malaysia is gravely concerned over recent events, particularly in terms of the police’s conduct and response towards freedom of assembly.

We are of the view that the police have resorted to unnecessary use of force on peaceful demonstrators. We are concerned that hundreds of people were arrested for exercising their constitutional rights. Amnesty is also concerned about the intimidation and harassment based on racial profiling at roadblocks and the unprecedented act of obtaining a blanket unilateral restraining order without the other party given a right to be heard. It has hence imposed an unfounded opinion that a public assembly is an act of nuisance and a threat to public safety.

We regret to learn that the police continue to undermine the constitutional right to peaceful assembly and personal liberties despite the matter being 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 of Malaysia. In 2005, the royal commission, in recognition of this right, proposed an amendment to Section 27 of the Police Act 1967 that imposes the requirement of a permit and absolute police discretion to grant approval for public assemblies.

This important recommendation was also echoed by Suhakam’s report on the Public Inquiry into the Incident at KLCC on May 28, 2006. We regret that this recommendation has yet to be implemented by the government and that public assemblies continue to be clamped down upon with excessive force, as witnessed over the past three months.

Amnesty is of the opinion that the police have the responsibility to abide by international standards for law enforcement officials, as set out in the United Nations Code of Conduct for Law Enforcement Officials and the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which stipulates that law enforcement officials must maintain and uphold the human rights of all persons in the performance of their duty.

The authorities must respect the right of not being subjected to arbitrary arrest or detention and not arrest or detain anyone for exercising their rights to freedom of expression and peaceful assembly. The Malaysian government should respect the findings and recommendations made by royal commission to amend Section 27 of the Police Act and immediately set up the Independent Police Complaints and Misconduct Commission (IPCMC) as well as implement all the recommendations made in Chapter 10 of the royal commission’s report.

All the recommendations in Chapter 10 of Royal Commissions Report addressing the issue of human rights obligations and policing have yet to be implemented. We strongly urge the police to respect and protect the rights to peaceful assembly and personal liberties.

The writer is campaign coordinator, Amnesty International Malaysia.