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10 APRIL 2024

Friday, September 14, 2012

'Cops still guided by Sec 27 of Police Act during Bersih 3.0'



Despite its gazetting several days prior to Bersih 3.0, the Peaceful Assembly Act (PAA) 2012 was still not in effective use by police in their action against protesters during the pro-electoral reform rally.

“If I say that we were guided by the PAA, then clearly I would be lying,” Kuala Lumpur police CID intelligence and operations chief Khairi Ahrasa told the Human Rights Commission’s (Suhakam) public inquiry into allegations of human rights abuses during and after the April 28 rally.

“Some of the police personnel are still influenced by Section 27 (of the Police Act),” said Khairi, explaining that the mindset of police personnel had not yet been changed.

He explained that police were only following the PAA “in spirit” as the Act gazetted on April 23, a mere five days before the rally, was yet to be distributed to officers and other ranks, let alone trained to implement it.

“We only had a draft copy of the law, only some individuals had a copy of the actual Act.

“We went to the Syarikat Percetakan Negara and they still haven’t printed the Act. Delays at the Home Ministry caused it to be gazetted late,” lamented Khairi.
Put in charge of 58 arrest teams drawn from Kuala Lumpur police detectives during Bersih 3.0, Khairi was commenting on the framework of law used by police during their handling of the rally.

Khairi also related that each of his CID arrest teams included a photographer who documented each arrest and offence of those arrested as this is crucial for records and evidence purposes.

However, he said that the photos have been sent to courts for cases being tried and others are being kept for further investigation, and thus cannot be released to the panel.

Every arrest he said, must be photographically documented including filing an arrest report and issuing seizure notice for any properties confiscated, something he made sure his teams followed, but he is not sure about arrests teams manned by general duty cops who were not under his purview.

Khairi’s testimony wrapped up today’s proceedings, with the inquiry to be postponed until a later date to be announced by the secretariat.

Suhakam’s inquiry was convened following public outcry over alleged police brutality which saw over 100,000 people flooding the capital in what was the largest demonstration in recent history, coupled with the sternest police actions yet seen, in dispersing it. 

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