The Human Rights Commission's (Suhakam) landmark report on freedom of assembly, which was released today, has highlighted troubling cases of police brutality in the form of teargas, water cannons and beatings during public assemblies.

Quoting eyewitnesses present at last year's gatherings on the Aug 4 and Nov 5 100,000 People's Gathering, Suhakam stated that force had been used even as people were dispersing.

"Tear gas and water cannons were used even when the people were trying to get away from the scene," Suhakam said in its 32-page report.

"Police chased people who were running away and kicked and beat them when they caught with them. Police also chased people into shops and restaurants and arrested people at random including innocent bystanders," Suhakam said.

Not enough time for dispersal

A separate report on Suhakam's inquiry into allegation of police brutality at the 100,000 People's Gathering on the Kesas highway in Shah Alam is due out soon as well.

The ground-breaking freedom-of-assembly report also stated that the main complaint was that insufficient time was given for dispersal.

"Police would move in as soon as the order was given and would start hitting people with their canes," Suhakam stated.

The report, written by the commission's law reform working group, has already been submitted to the Home Ministry and other relevant ministries. The working group is chaired by commissioner Mehrun Siraj, a former Universiti Kebangsaan Malaysia law faculty dean.

The report was written as an urgent response to a series of police crackdown on street demonstrations held by the reformasi movement and opposition parties.

"This report first seeks to consider whether current legal restrictions impose on the right to assemble peacefully and/or that their implementation is unduly strict, such that they render this right unattainable," Suhakam said.

No proper grounds for permit rejection

Suhakam also criticised the police for not providing proper grounds of dismissal for the issuance of police permits, a requirement for organisers of gatherings and assemblies.

"In the case of an application by the Muar PAS branch made on Aug 21, 2000 to hold a ceramah on Sept 21, 2000 on the occasion of Prophet's Mohamad's birthday at a private premises, the refusal to grant the permit dated Sept 8 stated that it was to preserve public order and national security," Suhakam said.

Later in a letter of appeal, the Muar branch members explained that the gathering was held far from the homes of other residents therefore presenting no threat to anybody.

"The reply from the Johor police chief, dated Sept 13, merely reiterated the reason given earlier without further explanation," the report said.

The report also accused the police of bias when the aborted 100,000 People's Gathering was disallowed, but when a counter gathering was organised to protest the event, it was allowed.

"On Nov 2, 2000, about 50 residents of Kampung Jalan Kebun staged a demonstration protesting against a rally which Keadilan was proposing to hold on Nov 5.

"The demonstration was not stopped by the police though no license had been applied for or granted. Instead the residents' objection and their demonstration was offered by the police as one of the grounds for stopping the Keadilan gathering," the report stated.

Last-minute cancellations

Last-minute cancellations of police permits were also highlighted in the case of the Selangor and Federal Territory Consumers Association attempt to hold a forum on the 1997 water crisis on June 3, 1998.

"The Cheras district police chief issued a permit on May 24, 1998 but through a letter dated June 1, 1998, received on June 2, the license was cancelled on grounds of security.

"It is not clear how a forum on the water crisis in the state could pose a threat to security," the report stated.

According to the report, the 'omnipresence' of police personnel during gatherings could also create a 'hostile environment'.

"It is found that the omnipresence of the police, Federal Reserve Units, water canons, and the use of dogs at assemblies tend to create a hostile environment.

"Demonstrators, rightly or wrongly, regard the police as partial and their omnipresence generates the perception that the police are ready to strike the moment an order of dispersal is made," the report stated.

The report is the first of its kind on a specific topic, following the release of the commission's maiden annual report on April 19 this year.