(May 7): The police have been reminded that the constitutional right to peaceful assembly must not be thwarted by their repressive conduct, the Malaysian Bar said.

"The police should be mindful that their role is to promote and facilitate the exercise of the right to peaceful assembly – before, during and after the assembly," its president Steven Thiru said today.

He added that the misuse of police powers rendered the exercise of the fundamental right to peaceful assembly illusory.

He said this in response to police action against some of the participants of the anti-GST (goods and services tax) public rally held in Kuala Lumpur on May 1.

Steven said the fundamental right to peacefully protest on a matter of public interest was a norm in any vibrant democracy.

He said it was a recognised and legitimate form of public expression of concern, and must not be curtailed through harsh or punitive measures in order to stifle contrary views.

"A modern and progressive nation must embrace peaceful expressions of dissent, and promote engagement and attempts at mutual resolution of the concerns."

It has been reported that the organisers gave notice of the rally to the police and obtained approval to hold it at Padang Merbok.

However, the organisers instead decided that participants should gather at five different locations before marching to KLCC.

The rally was attended by about 10,000 people.

Apart from some untoward incidents by a small group of participants who spray-painted some public facilities, throwing smoke bombs and burning rubbish, the rally was peaceful.

Police arrested 38 rally participants, including six minors, for offences under the Sedition Act 1948, Penal Code, and Corrosive and Explosive Substances and Offensive Weapons Act 1958.

In many cases, the police detained them overnight and applied for remand orders for four days.

Steven said the Bar was also shocked at the manner in which the police treated the six minors, who fall within the definition of a “child” under the Child Act 2001.

He said it was also reported that the police had issued notices to several persons to present themselves at the Dang Wangi police headquarters in Kuala Lumpur before 10pm, failing which they would be arrested.

"There appears to have been no plausible reason for this urgency to commence investigations, and the threat of arrest was certainly unwarranted."

He said several people who received the notice from the police voluntarily presented themselves but they were arrested before their statements were recorded.

He added that it had been reported that two other people, who had also voluntarily presented themselves to assist in police investigations, were arrested and made to wait for as long as 10 hours for their statements to be taken.

Steven said the actual recording of their statements then reportedly only took a mere 10 minutes.

"The apparent dilatoriness on the part of the police could be construed as harassment, abuse of power and an unwarranted deprivation of a person’s liberty.”

Steven said police must also investigate reports against the force as these allegations were serious.

“There must be a thorough investigation, as the alleged conduct is unbecoming of any enforcement agency. If there is any basis to the allegations, the persons involved must be prosecuted for criminal assault." – The Malaysian Insider