Category: Bersih

By Shannon Teoh
The Malaysian Insider
May 12, 2012

KUALA LUMPUR, May 12 — The Human Rights Commission (Suhakam) called today for Putrajaya’s panel probing violence in the April 28 Bersih rally to be impartial after growing criticism over the selection of Tun Hanif Omar as the team’s chief.

The opposition and civil society have called on the former police chief to be disqualified due to anti-Bersih statements that came immediately after the rally for free and fair elections, which had spiralled into chaos when protestors tried to enter Dataran Merdeka.

“The Commission awaits the determination of the terms of reference of the Panel in the hope and expectation that they are consistent with the requirements of an inquiry that will conduct its work in a manner that is independent, impartial, transparent, and with integrity and without fear or favour.

“It is extremely important that any such inquiry… be conducted expeditiously, but also with great care so as to ensure that its process and outcome will… restore public confidence in the authorities, which is an essential attribute of a fully functional democracy which the people aspire for,” Suhakam chief Tan Sri Hasmy Agam said today.

He added in a press statement that Suhakam “remains seized of the matter and will continue to study the complaints and submissions from various groups, as well as media reports, pertaining to various incidences that transpired on that day.”

The so-called “Hanif panel” has already been criticised for having no legal basis by Bersih and the Bar Council and both bodies have also criticised the choice of the former police chief to head the committee. The electoral reforms movement added that the former Inspector General of Police “has already made two public comments… that communist sympathisers who were active demonstrators in the 1970s were involved.

“He has also agreed with Najib’s allegation that Bersih 3.0 was an attempted coup d’état against the government. By so doing, he has shown that he is biased and has already pre-judged the outcome of the investigation,” Bersih said. Continue reading “Putrajaya’s Bersih panel must be impartial, says Suhakam”

It is a sad commentary on the quality and judgment of the Najib premiership when both the Prime Minister, Datuk Seri Najib Razak and the Home Minister, Datuk Seri Hishammuddin Hussein could not see anything wrong in appointing Tun Hanif Omar as head to probe the Bersih 3.0 violence when the former Inspector-General of Police had clearly disqualified himself with preconceived and prejudicial views about the Bersih 3.0 rally.

It is most shocking that what seems crystal clear to ordinary citizens, even to school children, that the issue at stake is about impartiality and not Hanif’s track record, is totally beyond the grasp of the most important decision-makers in government, including the Prime Minister and Home Minister.

This is most ironic as it was only two days ago that Najib said that he could not even afford a single mistake as Prime Minister, declaring:

“When you are PM, if we have to make 10 major decisions, we need to get 10 out of 10 right. If we only get nine right and one inaccurate, that is the one that people would fault us for.”

And here we have the Najib premiership refusing to correct what could probably be Najib’s worst decision in his three years as Prime Minister, appointing Hanif as head to probe the Bersih 3.0 violence – an appointment which had elicited the unprecedented reaction of instant and all-round rejection and even condemnation by thinking and decent Malaysians, which is why the National Union of Journalists (NUJ), Suaram, Bersih 2.0, the Malaysian Bar and even the Deputy Higher Education Minister Saifuddin Abdullah have declared their objection to Hanif’s appointment.

Malaysians and the world must wonder why important personages like the Prime Minister and the Home Minister could not understand the very clear, simple and irrefutable reason for objecting to Hanif’s appointment to head the probe into the Bersih 3.0 violence – that it has nothing to do with his track record as the longest-serving IGP in the country, Deputy Chairman of the Special Commission to Enhance the Operations and Management of the Royal Malaysian Police in 2004 or as member of the panel investigating the fatal shooting of 14-year-old Aminulrasyhid Amzah. Continue reading “Stubborn insistence to have Hanif to head probe into Bersih 3.0 violence raises larger question – whether time has come for a new PM and Home Minister as incumbents are so cut off from reasonable expectations of ordinary Malaysians”

— Khairie Hisyam Aliman
The Malaysian Insider
May 12, 2012

MAY 12 — The next general election looms large, yet the ruling coalition is fumbling with the wrong issues. Could that be Barisan Nasional’s undoing this time around?

Parliament is due to be dissolved next April, but with 11 months to go there is seemingly no sign of that happening soon. Some even think it will be pushed as far as September. Many believe that the ruling coalition, the prime minister especially, was unnerved enough by Bersih 3.0’s turnout to delay calling for polls.

Indeed, what a turnout it was. Bersih organisers estimate that 250,000-300,000 people were there; independent estimates put it between 80,000 and 100,000. While we may never know the actual figure, the figures we are contemplating are large enough to worry those in power. Not everyone wearing yellow that day supports the opposition, but they sent out the same, unmistakeable message.

The people are acutely aware that the electoral process is suspect. And the people want the problem fixed.

Despite the presence of opposition figures during the rally, the purpose of many who decided to come was not to show their support to any particular politician, or to any political party. All they wanted was for their vote to be fairly accounted for come the election. All they wanted was a system of integrity that they could trust. Continue reading “Time is running out”

By Clara Chooi
The Malaysian Insider
May 11, 2012

KUALA LUMPUR, May 11 — The Malaysian Bar has approved a resolution condemning the police for using “excessive” and “indiscriminate” force to disperse Bersih 3.0 protesters on April 28, despite objections raised by a minority group of lawyers at today’s extraordinary general meeting (EGM).

The resolution, passed by way of voting this evening, also demands apologies from the home minister and Inspector-General of Police to the public and members of the media over the conduct of the police during the rally.

According to Bar Council president Lim Chee Wee, only 16 of the 1,270 Malaysian Bar members in attendance today had opposed the resolution, which contained findings of alleged police brutality against protesters and members of the media.

A total of 939 votes were recorded in support of the resolution. There are some 14,000 members in the Malaysian Bar.

Commending today’s high turnout at the EGM, which exceeded the turnout of some 800 members during the Bar’s annual general meeting (AGM) in March, Lim said it was clear that members viewed the events surrounding Bersih 3.0 seriously.

“The fact is, there was widespread reports of police brutality and excessive, disproportionate use of tear gas and water cannons in KL, which only started after the alleged reported breach of the barricades at Dataran Merdeka after 3pm… prior to which, there was a carnival-like atmosphere,” he told a press conference after the three-hour EGM. Continue reading “Bar EGM denounces police brutality at Bersih 3.0”

By Kuek Ser Kuang Keng | 4:17PM May 10, 2012
Malaysiakini

The withdrawal of Election Offences Amendment Bill is the result of the government succumbing to the “spin and lies” created by Bersih and the opposition, said the Election Commission deputy chairperson Wan Ahmad Wan Omar.

“They spun and twisted (the amendment), made nonsensical stories creating the perception that the Bill is bad…

“To satisfy all quarters, so they won’t be people saying it is fraud, the government took the best way… that is to discuss among BN, the opposition and the EC.

“If that is the best way the Parliament wants, never mind… the EC will just do it,” he said during a luncheon talk today in a Kuala Lumpur hotel.
Continue reading “Bersih, opposition spun our Bill out, decries EC”

Let me tell former Inspector-General of Police Tun Hanif Omar frankly: “Tun, face reality that you have shot yourself in the foot disqualifying you from heading a credible and impartial probe into Bersih 3.0 violence.”

Hanif should stop being obstinate on the matter or he would only end up in severely embarrassing and dishonouring himself, the Bersih 3.0 probe, the Najib administration and most important of all, Malaysia’s international image and standing.

Haniff had asked his critics to check his track record in previous investigating committees before questioning his integrity to lead the independent panel to probe police brutality during the Bersih 3.0 rally, citing the case of the fatal shooting of 14-year-old Aminulrasyhid Amzah and his role in the Special Commission to Enhance the Operations and Management of the Royal Malaysian Police in 2004.

I had said publicly that I do not cast any aspersion on his integrity as a distinguished public servant and a Malaysian patriot, but on the question on the suitability of his heading a credible and impartial probe into Bersih 3.0 violence, regardless of whether the victim is police personnel, media representative or peaceful protestor, he had irremediably stained and disqualified himself because of his highly biased and prejudicial statements about the Bersih 3.0 “sit-in” in Dataran Merdeka on April 28.

If Hanif stands by his prejudicial statements against Bersih 3.0, he should appear before the Bersih 3.0 probe as a “star witness” to substantiate his allegations and definitely not as a Chairman to probe into the truth or otherwise of his allegations. Continue reading “Hanif – face reality that you have shot yourself in the foot disqualifying you from heading a credible and impartial probe into Bersih 3.0 violence”

UMNO Baru is celebrating its 66th anniversary although it is only 24 years old as it was legally registered in 1988 after the officially-engineered deregistration of the original UMNO and which was why the first and third Prime Ministers, Tunku Abdul Rahman and Tun Hussein Onn refused to be members of UMNO Baru.

Be that as it may, it is indisputable that UMNO today has reduced politics in Malaysia to its lowest depths as illustrated by two disgraceful events yesterday – the Perkasa “funeral rite” in front of Penang Chief Minister Lim Guan Eng’s house in Penang and the invasion of Bersih 2.0 co-chairperson Datuk Ambiga Sreenevasan’s privacy.

In the former case, a group of 30 Perkasa members showed up at about 10.20 am and in a 15-minute demonstration in front of Guan Eng’s house in Pinhorn Road, Penang, threw posters of Guan Eng at his front gate and placed a framed photo of him with a garland of flowers to signify his “death” to the Malay community.

What is most deplorable is the total failure of action by the police authorities.

The Perkasa “funeral rite” is nothing less than a “death threat” to Guan Eng.

Is it conceivable that if such a “funeral rite” or “death threat” demonstration had been staged by protestors outside the residence of the Prime Minister, Datuk Seri Najib Razak, Deputy Prime Minister, Tan Sri Muhyiddin Yassin, Cabinet Ministers or those of UMNO/Barisan Nasional Mentris Besar/Chief Ministers, the police would have been equally passive and indifferent? Continue reading “UMNO has reduced politics in Malaysia to its lowest depths as illustrated by two disgraceful events yesterday – Perkasa “funeral rite” in front of Lim Guan Eng’s house and invasion of Bersih 2.0 co-chairperson Ambiga’s privacy”

By Aidila Razak | 11:34AM May 11, 2012
Malaysiakini

It was a sea of raised hands yesterday when DAP parliamentary leader Lim Kit Siang asked an audience of about 2,000 people at the Subang Jaya 3C complex “who opposed the appointment of Hanif Omar” as chairperson of the investigative panel on police brutality during Bersih 3.0.

Asked why, some of those present at the second stop of PKR’s post-Bersih nationwide tour Merdeka Rakyat, yelled out “because we cannot trust him”.

“Why can’t we trust him?… After what he has said he should in fact be the star witness of the inquiry and not the chairperson,” the Ipoh Timor MP said.

Most of the audience had also raised their hands when asked if they had participated in the April 28 Bersih 3.0 rally.
Continue reading “Hands raised against Hanif’s appointment”

By Nicholas Wong | May 10, 2012
Malaysiakini

Bersih co-chairperson Ambiga Sreenevasan today criticised Ikhlas for setting up a burger stall outside her home in protest of traders’ loss of income during the April 28 Bersih rally.

Speaking to reporters, she described the incident as an invasion of her privacy and her home, calling it a “terrible precedent” for the country.

“If the authorities accept this then ministers had better be careful, because people will be standing outside their houses next,” said Ambiga (left), adding that the she would let the public judge the situation for themselves.
Continue reading “Bersih chief: It’s an invasion of my privacy”

By Shazwan Mustafa Kamal
The Malaysian Insider
May 11, 2012

PETALING JAYA, May 11 — Tun Mohammad Hanif Omar must step down as head of Putrajaya’s independent panel probe on the Bersih 3.0 violence, Datuk Seri Anwar Ibrahim said last night.

The PKR de facto leader said this was necessary to ensure the panel was completely fair and neutral in its investigations into incidents surrounding the April 28 rally.

Former Inspector-General of Police Hanif was delusional in thinking Bersih 3.0 would bring a resurgence of communist threat, said Anwar.

“Tun Hanif still thinks he is the Inspector-General of Police fighting the communists, need to fight Chin Peng to the end… eh it (the communist threat) is already over,” Anwar said at a Pakatan Rakyat (PR) ceramah attended by over 1,000 supporters.

“I am asking that Tun Hanif withdraw as chairman. Do not fool the people. You know you are not neutral, insulting Bersih… the other panel members should also step down,” Anwar demanded.

DAP parliamentary leader Lim Kit Siang echoed Anwar’s remarks, saying that Hanif’s appointment was the “worst” decision the Najib administration had made in three years.

“Tun Hanif should be a star witness in the enquiry, not the chairman… save the enquiry from embarrassment,” the Ipoh Timor MP said to loud cheers from people at the ceramah.

“Tun Hanif says Bersih 3.0 was a plot to overthrow the present government… where is the proof?

“Rational Malaysians won’t accept this explanation… that there were pro-communist elements during the rally,” said Lim. Continue reading “Anwar: Hanif must step down as panel chief in Bersih 3.0 probe”

by Clive Kessler
Malaysiakini
May 10, 2012

Excuse me, but as a puzzled outside observer I just do not understand.

Or perhaps it is the case that others do not understand the “plain meaning” of everyday words?

Yesterday Hanif Omar was named to head an “independent” commission of investigation into the events of April 28.

Yet several days ago he joined forces, and combined his voice, with two other former inspectors-general of police to call for action against the leaders of the Bersih movement for mounting a “coup attempt”.

“Independent”? Continue reading “Plain meaning of ‘independent’”

— Khoo Ying Hooi
The Malaysian Insider
May 10, 2012

MAY 10 — Malaysia is one of the 47 members sitting in the United Nations Human Rights Council (HRC) for the second term covering 2010-2013. When our Foreign Affairs Minister, Dato’ Sri Anifah Aman opined that there is no necessity for outsiders, in this context, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, Frank William La Rue to investigate the Bersih 3.0 rally that took place on April 28. He is stretching the truth way a little because, I quote, “We are a sovereign nation. We are capable of doing our own impartial investigation and we have faith in the authorities and the police. For responsible Malaysians, I don’t think this is an issue. We don’t need someone to investigate what transpired in our country. We have seen it on television and there are people who were actually on the spot who witnessed what happened.”

He also added that “The government is going to appoint a panel to investigate; therefore I do not see the necessity. I mean, maybe it’s possible, but I do not see the necessity for any outside organisation to determine whether we are free or fair.”

In declaring its intention for its candidature, the Malaysian government circulated a memorandum dated March 9, 2010, outlining its human rights record and its pledges and voluntary commitments. As the member of the HRC, Malaysia’s voluntary commitments and pledges include “deepening and widening our cooperation with and support for the work of various UN actors and mechanisms involved in the promotion and protection of human rights such as the … Special Procedures of the HRC,” which includes Special Rapporteurs, Working Groups, and Independent Experts.

If we take a peek to the UN General Assembly resolution A/RES/60/251, it states clearly that members of the HRC shall uphold the highest standards in the promotion and protection of human rights; fully cooperate with the HRC; and be reviewed under the Universal Periodic Review (UPR) mechanism during their term.

However, the way Anifah Aman described the Special Rapporteur and the HRC which we are a member, as the “outsider” and the “outside organisation” is detrimental to the country. It doesn’t reflect the commitments that the government has promised to the HRC and it is obviously just another diplomatic exercise. Continue reading “We should say yes to La Rue’s offer”

Dr Lin Mui Kiang
Letter
Free Malaysia Today
May 10, 2012

The United Nations in Malaysia would like to refer to the article published in The Star on May 7, 2012 titled ‘Police: Tear gas used at rally safe, UN-approved’. We very much regret that the UN in Malaysia was not consulted before the publication of this article as it contains serious inaccuracies.

The UN has consistently condemned the excessive use of force, including through the use of tear gas. Please also note that the Office of the UN High Commissioner for Human Rights (OHCHR) and Special Procedures of the Human Rights Council have on various occasions publicly expressed concerns about reliable reports indicating that civilians who died from tear gas suffered complications from gas inhalation, and that security forces have been firing metal tear gas canisters from grenade launchers into crowds.

The UN Special Rapporteur on Freedom of Expression after his mission to the Israel and Occupied Palestinian Territories (OPT) in December 2011 noted that “while the use of tear gas to disperse a crowd may be legitimate under certain circumstances, tear gas canisters should never be fired directly at demonstrators.”

Moreover, unlike what is alleged in the article, the UN does not set international standards on different kinds of irritants, nor has the UN approved ‘CS Gas’ as a ‘riot control’ agent.

As far as the use of force is concerned, the relevant UN instrument is the Basic Principles on the use of Force and Firearms by Law Enforcement Officials, which was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, not the Chemical Weapons Convention (CWC) of 1993. I provide its general provisions below: Continue reading “UN does not approve tear gas as a riot control agent”

It is most ironical that the Prime Minister, Datuk Seri Najib Razak said in an interview on Sinar.FM radio station this morning that as Prime Minister he could not even afford a single mistake, and “if we have to make 10 major decisions, we need to get 10 out of 10 right”, as he had just made probably his worst decision in his three-year premiership.

This is the appointment of former Inspector-General of Police, Tun Hanif Omar as chairman of the six-member Independent Advisory Panel to investigate the Bersih 3.0 violence and brutality.

Right from the second after the announcement by the Home Minister, Datuk Seri Hishammuddin Hussein last evening, Hanif’s appointment as the head of the Bersih 3.0 panel had received immediate brickbats and all-round disapprobation and condemnation as being utterly inappropriate, rendering the whole probe not only lacking in independence but totally bereft of credibility and legitimacy.

I do not think it is possible to find another announcement of the composition of a public inquiry by the government in the nation’s 54-year history which had attracted such instant and all-round rejection and condemnation by major national stakeholders in the country!

The answer is very obvious. Hanif is the last person to head the probe of Bersih 3.0 violence as nobody would believe that he could be impartial and unbiased after he had publicly supported Najib’s irresponsible, wild and baseless allegation that Bersih 3.0 “sit-in” at Dataran Merdeka on April 28 was a coup d’etat attempt by the opposition to topple the government when there is not one iota of evidence whatsoever. Continue reading “Hanif should be the last person to head probe of Bersih 3.0 violence as he should be one of the “star” witnesses to substantiate his allegations that Bersih 3.0 was a coup attempt which involved pro-communist sympathizers”

Daniel Tan | May 8, 2012
Malaysiakini

I am your average Joe in my late 40’s, living a comfortable life in a quiet suburban part of KL. I call myself a political atheist with no particular inclination to any political party.

You can call me a fencesitter or a middle ground voter. In the last 20 years of my voting life, I have always voted based on issues, swinging my votes between BN and the opposition depending on the hot issues of the day.

I voted BN in 2004, giving your coalition a massive mandate post-Mahathir and the reverberating message of ‘Change’ espoused by your predecessor.

And when the message remained just a message, four years on, I voted for the opposition, and what followed is history.

I understand you are trying very hard to court people like me and I supposed all this alphabet in the soup monikers – ETP, GTP, NEM, etc. are part of your big strategy to win urban voters like me.

Honestly, I am not sure I am thoroughly convinced. Continue reading “How BN lost this fencesitting voter: Open letter to PM”

Yee Siew Meng | May 9, 2012
Malaysiakini

Bersih 3.0 is probably the biggest civil protest the country has ever seen. Reports have suggested anywhere from 150,000 to 250,000.

It is hard to establish the figures but depending on which side of the fence you are sitting; I would say that it was an intimidating number of people. Definitely more than Bersih 1 and Bersih 2.

Bersih 3.0, to me was a watershed event, much like BN’s loss of the two-third’s majority in the 2008 general election.

Each time an event like Bersih 3 occurs the ground shakes and the fault lines open up. In 2008, the obvious changes were the new governments which took over the states of Penang, Kedah, Perak and Selangor.

Many were elated but something unseen happened in the psyche of Malaysians which shook the social structure of Malaysia.

The groundswell in 2008 loosed the shackles of fear which had gripped our fathers’ generation. The deep-seated fear shackled our freedom, divided our communities, silenced our elders and compromised our faith. Continue reading “The unshackling of M’sia’s rakyat”

Ye Choh Wah | May 7, 2012
Malaysiakini

The police brutality towards the Bersih crowd reminded me of incident in 1992 when the police in Los Angeles, USA, brutally beat up an unarmed black man named Rodney King.

The whole scene was videoed by an amateur (video was not so prevalent then).

Four white policemen were charged but eventually acquitted on April 29th 1992 (almost exactly twenty years ago from 428).

The next day, riots broke out that crippled the city of LA for days. Buildings were burned. There was looting, shots fired and the whole city was closed down.

At the end of the day 54 people were killed.

I happened to be visiting LA that time. My flight had to be diverted to Ontario, two hours drive away, with airlines arranging coaches to take us back to LA.

Upon reaching LA, the city was basically shut down. There were many burnt buildings and smoke everywhere.

We had a hard time to even find food. We had to cancel our plans to visit Disneyland the next day and left town.

However, being a much more open and transparent country, the whole incident did change the police force in LA, every other city in US and the world (except Malaysia maybe). Continue reading “‘Brutal’ M’sian police must learn from 1992 LA riots”

Hemananthani Sivanandam & Tan Yi Liang
[email protected]
9 May 2012

KUALA LUMPUR (May 9, 2012): The government has decided to withdraw the Election Offences (Amendment) Bill 2012 in the face of much resistance from both Barisan Nasional and opposition lawmakers.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said today he will table a motion in the Senate tomorrow to officially withdraw the bill which the cabinet, the Election Commission (EC), and the opposition had unanimously agreed upon.

The bill to amend the Election Offences Act 1954, which the Dewan Rakyat had passed on April 19, had been heavily criticised for amendments which among others, included the removal of:

Section 11(c), which required printed campaign material to carry the name and address of the printer and publisher;

Section 26 1(e) which allows for checking of the identity of any person entering a polling centre by the candidate or their staff; and

Section 26A Sub-sections (2) and (3) which allow for election agents or candidate to be present at election booths. Continue reading “Govt backs off on proposed amendments to Election Offences Act”

by Azrul Mohd Khalib
The Malaysian Insider
May 09, 2012

MAY 9 — In my column last week on Bersih 3.0, I was quite hesitant to share in detail my account of what I had seen and experienced on the streets of Kuala Lumpur later that day. My belief that with the many videos, photographs and victims of police misconduct (read: brutality), the truth would surely get out. There would be no denying the fact that the police on that day had lost control of their men.

But I am now quite disquieted by the fact that there seems to be a group of people out there who are saying that the actions of the police (tear gas, water cannon, detention, forceful and abusive treatment of those being arrested) were justified as the rally participants had breached the perimeter of the security barricade, resisted arrest and engaged in hand to hand combat. Basically, that they had it coming because the rally participants provoked the police.

Let’s first put things into perspective. Continue reading “Did the police lose control that day?”

KJ John
Malaysiakini
May 8, 2012

I am boiling mad! I am really angry with the police force, that they willingly and voluntarily inflicted wanton abuse and injury to so many civilians.

One does not need more evidence. Just scan the YouTube uploads and it will become evident to any observer.

Abuse is abuse of the law and the special privilege and the concomitant responsibility of being in a uniform which we are called to, and demanded to respect.

In fact, the uniform even carries the insignia of the royal emblem of Malaysia.

Surely therefore there must be standard operating procedures related to “under what conditions are the Public Order and Preservation Ordinations motions can be called upon” and applied towards violators.

If one is unsure, please go also on the net and find out for yourself, as an ex-military officer has already described and qualified for such “approved procedures of relevant actions”.

If the IGP cannot explain all the obvious abuse by the police upon innocent civilians who simply want a peaceful assembly, then I would like the IGP to resign.

I recognise that his deputy is a worse off character based on his history of public statements and moreover the IGP is a much more sincere and simpler man, but I think the Rupert Murdoch Principle set by the British Parliament must apply. Continue reading “Police brutality unacceptable”