Bar Council OR BarUA Council??

SIAPA YANG PERLU MOHON MAAF? SALAH LAKU POLIS ATAU POLIS MELAKSANAKAN TANGGGUNGJAWAB MENJAGA KEAMANAN?

 

 

Motion in relation to the events of and surrounding the BERSIH 3.0 public assembly on 28 April 2012, and matters in connection therewith, proposed by Lim Chee Wee (Chairman, Bar Council), on behalf of the Bar Council, dated 4 May 2012

Now it is hereby resolved that:   

(1) The Malaysian Bar views with grave concern, and condemns:

• the excessive, indiscriminate and wrongful use of water cannons and tear gas by the police on participants of the assembly;
• the action of the police in not allowing the crowd sufficient time to disperse in an orderly and safe manner, and instead chasing the participants and attacking them by persistently shooting water cannon and tear gas on them;
• the tactics of the police in trapping and attacking the participants with water cannon and tear gas instead of permitting them to disperse;
• the random, widespread and wanton physical assault and brutality by the police on members of the public and media professionals;
• the unwarranted arrests of members of the public, media professionals and Members of the Bar, and the physical assault and beating of at least three arrested Members;
• the unjustifiable and unlawful confiscation and/or destruction of photographs and video recordings made by members of the public and media professionals, and damage caused to their recording equipment; and
• the lack of discipline and professionalism of the police;

(2) The Malaysian Bar calls for the police to identify their personnel involved in the misconduct and unlawful acts and surrender all the wrongdoers, in particular those who assaulted members of the public, media professionals and lawyers, for prosecution;

(3) The Malaysian Bar renews our call on the Government to give effect to the recommendation of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police to set up the Independent Police Complaints and Misconduct Commission recommended therein, without further delay;

(4) The Malaysian Bar calls for the Minister of Home Affairs and the Inspector General of Police to issue a public apology for the actions and conduct of the police, including the excessive, indiscriminate and wrongful use of water cannons and tear gas;

(5) The Malaysian Bar calls for the Minister of Home Affairs and the Inspector General of Police to issue a public apology to members of the public, media professionals and lawyers who were assaulted or beaten by the police;

(6) The Malaysian Bar calls for the setting up of an independent commission to recommend and formulate proper guidelines or operating procedures governing conduct of police in the control and management of public assemblies, and the use of non-lethal and lethal weapons, which would be in accordance with internationally-accepted standards, in particular the Code of Conduct for Law Enforcement Officials (adopted by United Nations General Assembly resolution 34/169 of 17 December 1979) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 1990;

(7) The Malaysian Bar calls on the Government to pay just and proper compensation to members of the public, media professionals and lawyers who were assaulted;

(8) The Malaysian Bar condemns the police for denying lawyers access to arrested persons and calls upon the police to abide by and give effect to Article 5 of the Federal Constitution and section 28A of the Criminal Procedure Code;

(9) The Bar Council will look into how it can assist those denied their constitutional rights and those who were assaulted to pursue claims against the relevant parties for just and proper compensation; 

(10) The Malaysian Bar calls on the Government, in line with the Medellin Declaration, to: 

• prevent crimes against media professionals, investigate and penalise such crimes, provide witness protection for those testifying about them and ensure that the perpetrators do not go unpunished;
• promote awareness and train Malaysian law enforcement agencies to respect and promote the safety of media professionals, and ensure that they are able to work in full security and independence; and
• take resolute action for the safety of media professionals and ensure respect for their professional independence;

(11) The Malaysian Bar calls on Dewan Bandaraya Kuala Lumpur to uphold freedom of assembly and the right of all to utilise Dataran Merdeka for public assemblies; and 

(12) The Malaysian Bar reaffirms the right of individuals to participate in public assemblies.  Such right must however be exercised in a peaceful and responsible manner.  The Malaysian Bar reminds organisers of public assemblies of their responsibility to take all reasonable action to ensure a peaceful assembly.  

DAP ANTI ISLAM

PAS ITU MELAYU

UMNO ITU ISLAM

A.B.A.I : Asalkan Bukan Anwar Ibrahim