The Human Rights Commission (Suhakam), in its report on the Nov. 5,
2000 Kesas Highway incident with regard to the 100,000 people’s gathering
at Jalan Kebun, Klang and which was made public yesterday, identified widespread
police human rights abuses which included:
I can personally vouch for the veracity of the Suhakam findings about widespread police human rights violations at the Kesas Highway last November as I was present at the gathering together with other Barisan Alternative leaders and can bear testimony as a eye-witness.
Suhakam has rightly blamed the police for creating chaos by setting up road blocks to prevent members of the public from proceeding to Jalan Kebun in Klang, thus creating a massive traffic jam on Kesas Highway - which did not come within the the scope of the maintenance and preservation of law and order as allowed by Section 26 of the Police Act.
Suhakam hit the bull’s eye when it castigated the police for giving insufficient warning and time for the crowd to disperse. Only those close to the police heard orders to disperse and the police moved in almost immediately, using water cannons and tear gas, without giving the crowd the time to disperse.
After a four-month inquiry into the allegations of police brutality against peaceful protestors along the Kesas Highway last November, Suhakam concluded that the police was wrong in moving to stop the rally at Jalan Kebun in Klang on the grounds that it was illegal due to non-issuance of a permit.
It said: “The question of applying for a licence for the proposed rally does not arise as the proposed premise for the rally was a private property and not a public place.”
It added that if the rally had been allowed to take place at Bukit Jalil stadium as intended earlier, with police exercising traffic and crowd control, no untoward incident would have occurred.
Suhakam also accused the police of practising double standards for allowing a counter-demonstration to take place three days before the Jalan Kebun gathering
The Suhakam report said: “It appears to the panel that the police were relying on the possible threat of clashes between the residents and those attending the rally to justify stopping the rally.”
The Cabinet at its meeting tomorrow should endorse the recommendations
of Suhakam to ensure that the police, in discharing their police roles,
are always mindful of their duty to promote and protect human rights
in keeping with the Rukunegara commitment to maintain a democratic way
of life in Malaysia, such as:
The Cabinet’s preparedness to give prompt attention to the Suhakam report on the Kesas Highway police violations of human rights will be an acid test as to whether the government is serious in the promotion and protection of human rights in Malaysia in line with the Human Rights Commission of Malaysia Act 1999 - or whether the government is only waiting for another eight months when the present two-year term of the Commissioners expire before revamping the Suhakam to stack it with more malleable commissioners who would slavishly toe its line on the question.
The Police itself should come out with a detailed response to the strictures
of Suhakam report on widesread human rights violations against peaceful
protestors at Kesas Highway last November as well as a public commitment
to fully review and reform existing police policies and practices to ensure
that they conform with human rights aspirations of Malaysians.