KUALA LUMPUR: Police should facilitate, not disincentivise and intimidate people from exercising their right to peacefully assemble.
Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy, who was among those called in by the police to have his statement recorded over 'Aksi Bertindak: Kepung Demi Palestin' rally, said such investigation is a waste of time.
"Investigating 15 organisers and speakers involved in the rally unnecessarily consumes limited police resources, when these officers and time spent could have been directed towards actual crime cases.
"This investigation is an absolute waste of time when the six-day assembly was conducted in a peaceful manner," he told reporters at a press conference at the Wangsa Maju district police headquarters.
Sevan added that post-assembly investigations, which is a longstanding tactic by the police, also intimidate individuals and disincentivises them from legitimately exercising their right to express themselves.
"As long as non-violence is upheld, the right to peacefully assemble is inalienable, regardless of whether notice has been given or not.
"The police's role to facilitate, and not to arbitrate on, public assemblies is clear in the Peaceful Assemblies Act 2012, not only by justifications of need for preparation time to ensure peace and security from current and past Home Ministers to retain the notification requirement, but also via the absence of provisions stipulating that assemblies held without giving notice are unlawful."
Another individual who was called in, former Batu member of parliament, Tian Chua said the focus should be on the plight of the Palestinians and not those who are being investigated behind the rally.
"Instead of focusing on those being investigated, we should highlight the issue of Palestine where we are defending their human rights."
He also expressed his confidence that their actions were legal and are willing to work with the authorities if there is a need for further investigations.
"The investigation proceeded smoothly following our questioning, and if there are further investigations, we are willing to cooperate.
"The police had questioned us about the rally, and we believe our actions are legal and protected under the constitution and the Peaceful Assembly Act 2012.
"We won't prejudge the investigation, and it's up to the police to draw conclusions based on evidence collected," he said.
Meanwhile, Lawyers for Liberty (LFL) director, Zaid Malek urged the government to stop calling in people repeatedly for exercising their rights and to refrain from launching investigations against them.
He said that this is a form of intimidation by the police.
"Those organising or participating in the rally are merely exercising their right to peaceful assembly under Article 10 of the Federal Constitution."
"People exercising their constitutional rights are not criminals.
"We call on the government to review all investigations under the Peaceful Assembly Act, including this one."
He also reiterated the call that these investigations should not have occurred in the first place.
Earlier, some 12 individuals involved in the 'Aksi Bertindak: Kepung Demi Palestin' rally, held near the United States Embassy in Jalan Tun Razak last week, arrived to have their statements recorded at the Wangsa Maju district police headquarters.
This comes after the police on Jan 1 said they were in the process of obtaining statements from the organisers of the six-day rally to aid the probe under the Peaceful Assembly Act 2012.
City police chief Datuk Allaudeen Abdul Majid said once the statements have been recorded, the investigation papers will be handed over to the deputy public prosecutor's office for further action.
The gathering which happened on Dec 26 to Dec 31 last year, aimed to 'surround' the premises, as symbolic of the blockade on Gaza, and to demand an end to the killings of Palestinians as well as an immediate ceasefire.