By : DATO' ABDUL RAHMAN DATUK DAHLAN
I HAD been watchful for a Bar Council Monitoring Report upon Bersih bootleg proof since a young lawyer tweeted about it two days ago. Finally during 5pm yesterday, they eventually installed it up upon their website.
I review a complete inform with feverish enthusiasm. Luck was upon my side. The inform was not thick with legalese; otherwise lay group like me would not understand a exclusive denunciation of a learned lawyers during Bar Council.
As we review it, my anticipation of an unadultered offset inform fast evaporated in to a skinny air. we feel a inform was a singular sided, incomplete, not consummate as well as during times comical. But then again a singular shouldnt design many from a venerable Bar Council to be satisfactory since they were judging a carry out of a former President of their own council. we reckon, no a singular likes to be called a hypocrite to friends.
The initial pointer of beating came pretty early when a inform proposed off by emphasizing a crux of Article 10 of a Federal Constitution, a right to leisure of open as well as countenance as enshrined in Federal Consitution of Malaysia, which a Bar Council said was in line with Universal Declaration of Human Rights (UDHR).
I creed a inform meant a UDHRs Article 19 as well as twenty which say, respectively, "Everyone has a right to leisure of perspective as well as expression; this right includes leisure to hold opinions though interference as well as to seek, embrace as well as impart inform as well as ideas through any media as well as in any case of frontiers" as ! well as "Everyone has a right to leisure of peaceful open as well as association.
! I regularly feel uncomfortable when legal fellas begin their arguments this way. Why? Because they regularly conveniently skip the second partial of a Article 10 of a Federal Constitution which states, "Parliament competence by law, impose, upon a right conferred by paragraph (b) of Clause (1), such restrictions as it deems necessary or judicious in a seductiveness of a confidence of a Federation or any partial thereof, or open order.
And we know what? That second partial is additionally likewise fashioned after UDHR's Article 29 (2), which states, "In a exercise of his rights as well as freedoms, everybody shall be subject usually to such limitations as have been determined by law solely for a purpose of securing due approval as well as respect for a rights as well as freedoms of others as well as of assembly a only requirements of morality, open order as well as a ubiquitous welfare in a approved society.
Both Federal Constitution as well as UDHR have qualifying clauses to check a rights of discuss as well as assembly. In other words, these rights have been not absolute. Public order as well as probity take dominance over these rights in a seductiveness of a confidence of a federation!
Obviously a question is who has a right to decide what constitutes "in a seductiveness of a confidence of a Federation or open order"? Is it Ambiga? Is it Anwar Ibrahim? or Mat Sabu?
Sorry to detonate your burble though a usually establishment provided with a energy to decide is none other than a group in blue, a Polis DiRaja Malaysia. They have been in a business of progressing open order. The military have, over a 204 years of a existence, gained valuable lessons in traffic as well as containing a comrade insurgency, Indonesia's Ganyang Malaysia campaign, Al Maunah, May 13th secular proof as well as religious fanaticism. In short, they ! know the ir stuffs.
One of a mostly cited observations in a inform is a disaster of a military to negotiate as well as to give plenty notice to a protesters prior to using water! cannons as well as rip gas to disperse a protestors.
What? Failure to traffic as well as no plenty warning?
Everyone knows which for weeks prior to a 9th of July, a military had been advising a open not to attend as well as participated in a bootleg demonstration. It had warned a protestors which a military would take movement opposite them if they did so. It additionally met as well as negotiated with Bersihs leaders. Now, how many more notice as well as traffic do we want?
Surprisingly, a singular of a things which a inform didnt hold was a inaccuracies surrounding Datuk Seri Anwar Ibrahim's injury. On which day, many Bersih's supporters sent text messages claiming Anwar was punched as well as hurt by a police. Finally, which claim was proven wrong when Anwar's own life guard admitted which a damage was caused by a fall he took whilst journey a pell-mell stage during KL Sentral.
Someone told me a life guard claimed which he had to pull Anwar aside after he saw a military were pointing their rip gas guns during him. The question is, was it even probable for a Federal Reserve Unit (FRU) to take target during Anwars physique or conduct when he was closely surrounded, physique to physique contact, by other protestors, three to four layers during a back of a front liners? we dont consider so.
By a way, a customary approach to fire rip gas bin is to hold a gun 45% degrees upward. That's how a military run a rip gas bin in to a crowd. But what goes up contingency come down. The lobbied bin had to land somewhere. If any a singular got strike in a conduct or body, it is not since a military shot during them directly, it was only a law of gravity.
Talk about sobriety of an additional sort. we was disappointed wh! ich a Ba r Council Monitoring Teams did not inform a sobriety of a seditiousness of Bersihs official video. The video obviously instigated a people to rebel ala Egypt as well as Tunisia revolution whose governments were overthrown by travel protests. It even used a name Allah SWT! to legi timize a demonstration. we consider which seditious video was an important justification to be enclosed in a report, do not we think?
I hatred to contend this, though we consider a Bar Council Monitoring Teams contingency had gone home immediately after a demonstration. Otherwise how could they not reported a approach a military treated a incarcerated protestors. There were proofs of nurse statement taking process, provision of praying facility, warm hearty food as well as loving shake up hands in between a incarcerated protestors as well as a policemen upon their release.
On a emanate of a military sharpened rip gas canisters directly during a Tung Shing hospital, a inform seemed to confirm what Minister of Home Affairs as well as Minister of Health had been saying all along - which a military dismissed rip gas canisters VERY CLOSE to a Tung Shing Hospital (Point B.2.1). The inform did not contend a military dismissed in to a sanatorium compounds.
Bar Council Monitoring Teams additionally reported which they saw protesters entertaining military group upon bikes? Cheering? Seriously? Or did we mean taunting? Did we watch a Youtube video where a comparison PKR personality urged protestors to assign brazen to confront still FRU personnel? we positively didnt see entertaining in which video. All we saw was indignant mobs being instigated by a insane personality to attack policemen.
The inform additionally mentioned how amazed a Monitoring Teams were, saying a handful of restaurants as well as travel vendors non-stop for business during a demonstration. To infer this claim, a inform enclosed two photos of ice thickk cream group having a brisk sale. Yes, we! heard m e. Two ice thickk cream group upon motorcycles!
I roughly fell off my chair!
How about a waste incurred by REAL businesses (some contend using in to millions of ringgit), waste due to tourists cancelling their trips final minute, cab driver losing fares as well as a prolonged term damages cheerless to Malaysian conduct to buy which a supervision had been nurturing all ! these ye ars? Certainly those have been improved indicators than a increase done by a two group offered ice thickk cream upon motorcycles!
Througout a report, a Bar Council Monitoring Teams criticised a protestors carry out plan employed by a Federal Reserve Unit (FRU) crew when discharging their duties. Lets look during a little interesting points upon a psychology of protestors as well as how to carry out as well as conduct them (Sorry this partial is a bit lengthy. we sourced a info from various sites upon a internet).
Actually a initial step in protestors carry out is creation sure a proof doesn't happen in a initial place.
But if it happens, a Police Commanders contingency regularly be wakeful of a possibility which a little people or groups inside of an orderly proof competence have a intent to means disruption, incite violence, fall short property, as well as incite a authorities. Normally, tensions can set up really quickly.
Being partial of a throng of people has sure effects upon different people. Each particular in a throng is receptive to working in a approach which is discordant to their normal behavior.
Some reasons for these behaviors have been as follows:
1.0 Crowds yield people with a clarity of anonymity. With so many others, an particular realizes which he is only an additional face in a crowd, giving a clarity of invulnerability.
2.0 Crowd as well as particular behaviors have been unbiased by nature. The them-against-us attitude affords those inside ! of a thr ong a capability to openly (without hesitation or reservation) be verbally abusive, throw objects, or attack any a singular who gets in a way.
3.0 Crowds yield people with a thought which their moral
Responsibilities have shifted from themselves as a person to a throng as a whole. Large numbers of people discourage particular behavior, as well as a titillate to embrace others inside of a throng is strong. Individuals look to others around them for cues o! f what t o do next, except their own credentials as well as training. Often, it is usually a strong, well-disciplined person who can conflict a prevalent function of a crowd.
4.0 Crowd function influences a actions of both a disorderly people of a throng as well as a authorities tasked to carry out them.
5.0 Individuals inside of a throng have been during times driven by deep-felt emotions. Emotional contagion is a many thespian psychological cause of throng dynamics. It provides a throng with a proxy bond of psychological unity. Lasting prolonged enough, this unity can pull a elementary orderly throng in to a mob. Normal law as well as management have been rejected en masse underneath these conditions, augmenting a intensity for assault as well as be scared to erupt.
The military have to be seen as being in assign as well as in carry out during all times.
The initial step is elementary intimidation. Riot officers stand in strict formations as well as action with military precision. Once they form echelons, lines of officers which effectively work as barriers, a officers daub their batons upon their shields or stomp their feet in unison. The result can be quite frightening to with bare hands civilians; it looks as well as sounds as if this group of armed as well as armored officers is getting ready to come crashing down with clubs swinging. In truth, this display is meant to shock off as many of a protestors as probable though a officers ev! er getti ng near them.
Police do not try to detain each protestor. Their initial targets have been those who have been heading a demonstration, since mostly a throng will disperse though their leaders banishment them up as well as enlivening them. All people who have been spotted breaking a law have been additionally targeted for arrest, especially if they injure or kill an additional person.
When it gets to a point where a military have been actually in conflict with a protestors, a idea is still to disperse a crowd. A multiple of advancing lines of officers as well as a use of rip gas as well as water ca! nnon is used to approach a throng in a sure direction or keep them divided from a sure area.
The military will not allow protestors to set up up in numbers in a singular single location where they could fast as well as potentially be big sufficient to overpower a police. This is true even as their leaders have been still negotiating with a military commander. For those protestors who stubbornly refuse to disperse even after given notice as well as rip gassed, a military would move in as well as have arrest, during times by force if necessary.
These were a stairs taken by a FRU upon a 9th of July.
On a strange note, a inform extrinsic The Bar Councils call for a Government to abolish ISA as well as adopt recommendations of IPCMC (Independent Police Complaints as well as Misconducts Commission).
Well, we strongly believe those of us who were more prone towards a abolishment of ISA previously, competence consider otherwise now. Thanks to a circus of a 9th of July by Bersih 2.0.
And as for a call to hospital a IPCMC, a supervision had rejected a offer before. In a place, Parliament passed a Enforcement Agency Integrity Commission (EAIC) in 2009.
Dato Nazri Aziz, Minister in Prime Minister Department, in a reply to a opposition during a discuss to pass a EAIC, had! this to say, "the supervision rejected a offer to set up an IPCMC since a powers were too extended as well as unconstitutional. It would have acted as investigator, prosecutor, judge, as well as executioner concurrently which contravened beliefs found in a Federal Constitution as well as existing laws. The IPCMC's powers to punish as well as indict would go opposite Articles 140 as well as 145 of a Federal Constitution".
For once, we am happy to note which someone eventually quoting a Federal Constitution correctly.
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