Several non-government organisations have accused the police of failing in their duty and for being "high-handed" in acting against a group of demonstrators last Saturday without first allowing the crowd reasonable time to disperse.

Human rights groups Suaram and Hakam said the sudden action by the police ran counter to recommendations made by Human Rights Commission of Malaysia (Suhakam) in its Freedom of Assembly report.

According to Hakam president Ramdas Tikamdas, the Suhakam recommendations had included such provisions as requiring the police to give three warnings to demonstrators at 10-minute intervals as well as sufficient time for the crowd to disperse.

The commission, in its report, also called upon police not to chase, arrest and/or assault individuals who are moving away.

Ramdas said the police had instead given only short notice before using chemical-laced water cannon to disperse the crowd.

"The most generous assessment by observers was by Amnesty International researcher Timothy Parritt that the interval was between two to four minutes. Some others have assessed the interval at only about 30 seconds," he said in a press statement.

Ramdas said that, not only did the police start making arrests before the dispersal order, but they also followed the demonstrators to their vehicles at the car park where they were arrested.

"Various persons who were arrested (including three women and two men) sustained injuries. They have lodged police reports concerning excessive use of force, assault and battery," Ramdas said.

The Saturday gathering was organised by the Coalition Against Police Misconduct, an initiative set up under Suaram, to call for inquiries into numerous complaints of police abuse of power.

Following a short clash with the police, 17 persons were arrested, among them activists and opposition leaders. All were released on police bail later that day.

Artist

'targeted'

Ramdas, who was one of three lawyers representing the 17 arrested persons, also protested the lack of legal access to his clients while they were being detained at the Jalan Hang Tuah police station.

"A police station is a public place and must be accessible to the public 24 hours of the day. Police conduct in closing the door and preventing family members and lawyers from having open access to the station where the arrestees were detained is an abuse of police powers and ought to be investigated," he added.

In a separate statement, Suaram co-ordinator Eric Paulsen said police had violated the demonstrators' right to peaceful assembly which is guaranteed under Article 10 of the Federal Constitution.

"It was a peaceful gathering of family members of victims, human rights and political activists and concerned individuals exercising their constitutional and human rights to free speech and peaceful assembly," he said.

"There is nothing illegal in speaking publicly and assembling peacefully in public."

Paulsen, who was among those arrested, alleged that the police had also acted in bad faith against artist-activist Fahmi Reza who was accused of carrying "a sharp object".

"What was not revealed was that Fahmi is a member of Suaram's secretariat and a graphic artist responsible for most of the publicity material and props for the event. The paper cutter was a tool of his trade," said Paulsen.

"His arrest was a targeted one because the police were (irked) by the way they were depicted in the posters, banners and placards. Fahmi was the first to be arrested. He was beaten and trampled upon ( photo )."

Police chief 'responsible'

Meanwhile, a police watchdog group set up by the yet-to-be-registered Parti Reformasi Insan Malaysia (Prim) said the police have to bear responsibility for Saturday's events as top police officers had repeatedly refused to meet with those complaining about police abuses.

Prim pro-tem secretary-general P Uthayakumar said various groups have attempted to submit memorandums to the police expressing concern over cases of deaths resulting from police shootings or deaths in custody but these have not been taken seriously.

"If you (Inspector General of Police Mohd Bakri Omar) or your police top brass had met us and explained the truth to grieving families, we certainly would have adopted the approach you recommended," he said.

"However, in all previous cases, only low-ranking public relations police personnel have been directed to accept the memorandum. The loss of human lives is not a matter of public relations."

All three organisations also called for Dang Wangi police chief Hadi Ho Abdullah to be held accountable for the turn of events on Saturday.

Hakam said Hadi "did not give a reasonable interval between his orders to disperse, before using the water cannon and arresting the 17 persons".

Uthayakumar said the district police chief should be suspended, transferred out or sacked pending investigations into the incident.

Suaram's Paulsen said both Hadi and the IGP should bear responsibility for the continuing image of the highhandedness and bad faith of the police towards civil and political activism.

He also criticised the newly-formed Royal Commission on the Police for failing to send a representative to the assembly despite being invited to attend.