Ex-Suhakam commissioners condemn EO used in Bersih crackdown
July 03, 2011
KUALA LUMPUR, July 3 — Police should arrest Bersih “activists” if they break the law rather than arrest them under the Emergency Ordinance, a group of former human rights commissioners said today.
The Association for the Promotion of Human Rights (Proham) condemned the use of Emergency Ordinance (EO) without going through other legal channels.
“The right of citizens within a democratic society should be respected by all parties especially the state in ensuring fundamental human rights are exercised in an environment where there is collective responsibility.
“Over the past week we have seen the attempts from various quarters to restrict democratic rights. These actions include the arrest, the banning of t-shirts, the declaration that Bersih is an illegal movement,” the group led by Tan Sri Ramon Navaratnam (picture) said.
The mercury has risen over the Bersih march in the past week but the police dragnet has been met by defiance from Bersih Chief Ambiga Sreenevasan and Pakatan Rakyat (PR) leaders, who have strongly backed the march as it seeks to build momentum ahead of a general election expected within the year.
“In addition the personal attacks on Datuk Ambiga Sreenevasan (Bersih Chair,) questioning her integrity and sincerity by main stream media, the reference to communist threat and violent overthrow of the government are unfounded accusations. These actions can be read as creating a situation of political tension and reducing public confidence in the way the Federal government is addressing the situation,” it said.
The group also highlighted the rearrest of Sungai Siput MP Dr Michael Jeyakumar Devaraj and six others under the Emergency (Public Order and Prevention of crime)- EPOPCO on July 2, and demand for their release.
EPOPCO is a preventive detention law similar to the Internal Security Act, which enables the police to hold the arrested people for 60 days and subsequent through the minister’s order a further detention for two years.
“The Royal Police Commission in 2005 recommended ‘that EPOPCO be repealed because it has outlived its purpose and in some instances has facilitated the abuse of some fundamental liberties’ (page 310). The use of this law or any preventive legislation is clearly a violation of human rights,” the group said.
It also demanded that the prime minister who has a “very strong commitment to moderation and rational response to national concerns” to provide strong political leadership in bringing about a ‘win –win’ situation for human rights and community harmony through a mediation process among the various leaders.
The first in 2007 saw an estimated 50,000 people take to the streets in the capital city before they were dispersed by riot police armed with water cannons and tear gas.
The event has been partly credited for PR’s record gains in Election 2008 when the opposition pact won five states and 82 parliamentary seats.
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