(Aug 21): Following the police decision to "ban" the Bersih 4 rally, the Human Rights Commission of Malaysia (Suhakam) today said the burden was now on the authorities to provide "convincing and compelling" reasons to justify interferences to the right to assemble as provided under the Peaceful Assembly Act.

Suhakam chairman Tan Sri Hasmy Agam said the concept of illegal assembly no longer existed in the law, which meant the Bersih 4 rally could not be banned.

"As such, an assembly is to be considered peaceful if its organisers have clarified that its intentions are peaceful and have duly conveyed them to the authorities," he said in a statement.

"The commission reiterates that any restriction must be lawful, and in pursuit of a legitimate aim such as in the interest of the security of the country or public order or the protection of the rights and freedoms of others."

This comes as Kuala Lumpur police chief Datuk Tajuddin Md Isa said the organiser, Bersih 2.0, had failed to abide by PAA.

He said the police were only notified of the rally on Tuesday and the documents did not have the rally venue’s permission.

Later, Deputy Home Minister Datuk Nur Jazlan Mohamed lauded the move, saying that it was wise of the police to stop disruptions to preparations for the Merdeka Day celebrations.

Suhakam today proposed seven recommendations for the police, including recognising that an assembly had to be considered peaceful if its organisers had similar intentions, adding that this should be ascertained through dialogue with the organisers.

The commission also said the police ought to understand their powers and duties as provided under Section 9 of the PAA.

"Regrettably, the police continue to justify the requirement to seek permission from them (to hold an assembly) prior to an assembly, which is now bad law," Hasmy said.

Another recommendation called for the police to respect the Court of Appeal decision in the case of Seri Setia assemblyman Nik Nazmi Nik Ahmad, where it was ruled that assembly organisers were only required to give advance notification to the district police chief of the area in which the assembly was to be held.

Suhakam also urged the police to refrain from preventing, hindering or applying unreasonable indirect restrictions on the right to peaceful assembly.

Lastly, Suhakam urged police to make public their standard operating procedure (SOP) in relation to the control and management of public assemblies in the interest of transparency.

Bersih had previously stated that participants would gather near Dataran Merdeka, and vowed not to disturb Kuala Lumpur City Hall's (DBKL) Merdeka Day preparations.

Police later requested that the organisers change the rally location, saying it was not suitable.

The rally will be held in Kuala Lumpur, Kota Kinabalu and Kuching, as well as major cities worldwide.

The event at Dataran Merdeka in Kuala Lumpur will be a 34-hour sit-in to demand reforms, such as clean elections, a corrupt-free government, right to protest, strengthening parliamentary democracy and saving the economy. – The Malaysian Insider