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Bersih joins calls for govt, police to allow KL rally over Zahid's DNAA

The electoral watchdog says the mass gatherings it organised in the past proceeded peacefully with minimal assistance from the police.

Staff Writers
3 minute read
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Placards featuring Deputy Prime Minister Ahmad Zahid Hamidi seen outside the Attorney-General's Chambers as Muda and Parti Sosialis Malaysia submit a memorandum of protest over his court discharge, one of many statements of disapproval since the discharge not amounting to acquittal granted on Sept 4.
Placards featuring Deputy Prime Minister Ahmad Zahid Hamidi seen outside the Attorney-General's Chambers as Muda and Parti Sosialis Malaysia submit a memorandum of protest over his court discharge, one of many statements of disapproval since the discharge not amounting to acquittal granted on Sept 4.

Electoral watchdog Bersih today urged the government and police to allow Perikatan Nasional's (PN) "Save Malaysia" demonstration planned for Sept 16, following warnings of action by the law enforcement body which has called several representatives from the coalition for questioning so far. 

Bersih said that the right to peaceful assembly was part of a functioning democratic system. 

"As proven by many rallies, in particular Bersih 4 and Bersih 5, peaceful rallies are possible even with minimal facilitation by the the police," it added, referring to the mass gatherings attended by tens of thousands in 2015 and 2016. 

"We call on the police to carry out their duties professionally by providing all necessary assistance to rally organisers so that they can exercise their democratic rights."

The "Save Malaysia" rally was organised by PN to protest the attorney-general's controversial decision to halt the corruption trial of Deputy Prime Minister Ahmad Zahid Hamidi. 

Zahid, the Umno president and Barisan Nasional chairman, had faced 12 counts of criminal breach of trust, eight of corruption, and 27 of money laundering involving tens of millions of ringgit belonging to Yayasan Akalbudi.

He was given a discharge not amounting to acquittal or DNAA on Sept 4 after deputy public prosecutor Mohd Dusuki Mokhtar informed the judge of the request by the Attorney-General's Chambers to discontinue all proceedings against him.

Deputy police chief Ayob Khan Mydin Pitchay had warned of action against the rally organisers, saying they must comply with requirements under the Peaceful Assembly Act (PAA). 

He said that according to Section 9(1) of the PAA, any party intending to hold a rally must apply for a permit five days in advance.

Gombak Setia assembyman Hilman Idham was meanwhile summoned for questioning on the gathering, a call which he described as an intimidation tactic aimed at frightening the people who wished to press for Zahid's re-prosecution.

Pasir Mas MP Ahmad Fadhli Shaari and Machang MP Wan Ahmad Fayshal Wan Ahmad Kamal have also been summoned for questioning. 

Rights group Lawyers for Liberty (LFL) and Suara Rakyat Malaysia (Suaram) were among those who had condemned the warnings of action, with Suaram describing them as an attempt to curtail the people's constitutional right to peacefully assemble. 

"As self-proclaimed 'reformists', the current government should know better than to perpetuate state intimidation to curtail the right to peaceful assembly, especially when many of its members experienced this practice first-hand due to organising or particpating in public assemblies while in the opposition," Suaram executive director Sevan Doraisamy said.

LFL meanwhile reminded the government against invoking the PAA, a law used by previous Barisan Nasional governments against protesters which critics say is unconstitutional. 

Bersih today said that the police were responsible for upholding the Federal Constitution by assisting peaceful assemblies by way of ensuring the safety of participants and providing traffic control.

It also challenged Aoyb's statement that organisers would need to apply for a permit from the authorities five days before the date of the gathering. 

"This is factually incorrect as the Peaceful Assembly Act 2012 only requires rally organisers to notify the authorities, not apply for permits or approval like in the old days," it said. 

"Finally, we remind those in power of their promise to the people during the 15th general election that they have canvassed for the people's vote based on a pledge to revise and repeal the provisions of oppressive acts that can be misused to restrict freedom of expression. 

"Realignment of coalition politics do not negate that promise to the people, and we hope they will fulfil and uphold that pledge."