Lawyers, police, at odds over Bersih 4 legality

Supporters of Bersih 4 at the launch of the rally last week. The rally organised by electoral watchdog Bersih 2.0 will proceed as the pre-requisites for the rally to be held have been met, say lawyers. – The Malaysian Insider file pic, August 21, 2015.

Police are not allowing the Bersih 4 rally to proceed but constitutional lawyers say participants will not be flouting any laws as long as they assemble peacefully and avoid causing serious public disorder.

The Federal Constitution and the Peaceful Assembly Act 2012 gives the public the right to congregate and demonstrate their feelings and opinions in an orderly manner, and enforcement agencies were also obliged to abide by the law, they said.

Lawyers for Liberty executive director Eric Paulsen (pic, left) said any citizen could assemble peacefully at any time of the day.

"But make sure you don't get involved in any violent act and destroy public property," he said, adding that police and City Hall (DBKL) enforcement officers were legally bound to facilitate the public gathering, scheduled for August 29 to 30, around Dataran Merdeka in the capital city.

Another lawyer, Syahredzan Johan, said there was no restriction on the maximum numbers to congregate in small groups as previously stated in the Police Act.

"Neither was it an offence to wear yellow attire, including Bersih T-shirts, to express themselves.

"One is also acting perfectly within the law for carrying a placard provided the message is not seditious, vulgar or provocative," Syahredzan said, adding that yellow umbrellas were also permissible.

However, pitching tents at Dataran Merdeka would result in action by DBKL, since the square was a venue under its jurisdiction.

The Bersih 4 rally is to last for 34 hours, according to the organiser, electoral watchdog group Bersih 2.0, which is demanding reforms in the election system, governance, freedom to protest, parliamentary democracy and the economy.

Dubbed the "Democracy Festival", it will also see performances, workshops and community talks to last overnight.

But Kuala Lumpur police have declared the rally a no-go, citing DBKL's decision not to allow protestors on to the square at Dataran Merdeka which is the site of Merdeka Day celebrations on August 31.

Bersih 2.0 chairman Maria Chin Abdullah (pic, right), however, said city police were "twisting" DBKL's order and taking it to mean that the whole rally was not allowed, when DBKL had only said the gathering could not enter the field.

"They (the police) are twisting the whole issue as though we are going to enter Dataran," Maria told The Malaysian Insider yesterday.

She said the Kuala Lumpur mayor had told Bersih 2.0 that no permission was needed, since the rally was not going to be held on the square itself.

Mayor Datuk Mhd Amin Nordin Abdul Aziz had turned down a request by Bersih 2.0 to hold its fourth rally at Dataran Merdeka, as structures needed for Merdeka Day celebrations had already been erected.

Maria said the Bersih 4 rally did not intend to disrupt preparations for the celebrations and would instead gather in the vicinity on nearby streets, around the square.

Amin, however, had also proposed that Bersih 4 be held a week later and suggested other venues, but Maria said the rally would proceed as planned as the dates had already been given.

- TMI