Home Statements SUARAM - Abuse of Power and Criminal Procedure Proves Draconian Law A Threat To Human Rights in Malaysia

    SUARAM – Abuse of Power and Criminal Procedure Proves Draconian Law A Threat To Human Rights in Malaysia

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    Suara Rakyat Malaysia (SUARAM) expresses our utmost concern and outrage towards the recent arbitrary crackdown against participants of #KitaLawan rally by police

     Posted on March 18, 2015 by SUARAM

    Suara Rakyat Malaysia (SUARAM) expresses our utmost concern and outrage towards the recent arbitrary crackdown against participants of #KitaLawan rally by police . Not only does it mark a severe infringement on our constitutional rights to freedom of expression and freedom of assembly, it is an abuse of power and the criminal justice system by the authorities in this country, whose rightful duty is to serve and protect the interest of the public.

    The police has disregarded the Court of Appeal’s ruling on Section 9(5) of the Peaceful Assembly Act which held that the 10-days notice requirement is unconstitutional and what is “fundamentally lawful cannot be criminalised“. They have gone ahead with their subjective interpretation and still maintain that the law remains applicable. Furthermore, despite Section 7 of the House of Parliament clearly provides that no Member of Parliament is liable for civil or criminal proceedings for things said within the Chambers, yet the police had arrested MP Nurul Izzah for an allegedly seditious statement she made in Parliament.

    It has been more than a month after the Opposition leader Anwar Ibrahim’s sodomy conviction was upheld by the Federal Court and he was sentenced to 5 years’ imprisonment on 10 Feb 2015. Given the momentous interest in the Anwar’s Sodomy II verdict, discussion and discourse on the Federal Court’s decision is not only inevitable, but a right that every citizens in a democratic society is entitled to. Instead of opening up the space for a healthy public discourse and debate on the issues, the authorities have resorted to threats and criminal prosecution.

    Investigation under the Sedition Act 1948 for comments made on Federal Court’s decision

    No                      Name                                              Investigated On
    1                Zunar – Cartoonist                                   10 Feb 2015
    2             2 university students                                 18 Feb 2015
    3               Fariz Musa – Activist                                      Feb 15
    4     S. Arutchelvan – PSM Secretary-General        19 Feb 2015
    5         Lawrence Jayaraj – Activist                            20 Feb 15
    6          Nga Kor Ming – Taiping MP                          23 Feb 2015
    7            Rafizi Ramli – Pandan MP                           23 Feb 2015
    8     Dr Afif Bahardin – PKR Deputy Youth Chief    27 Feb 2015
    9            Ng Wei Aik – Tanjong MP                             6 Mar 2015
    10         Nurul Izzah – Lembah Pantai MP               16 Mar 2015

    Investigation for involvement in the #KitaLawan Rally

    No                       Name                                   Investigated On
    1                Saifullah Zulkifli – Activist               7 Mar 2015
    2            Nik Nazmi – Selangor EXCO                8 Mar 2015
    3               Fariz Musa – Activist                       10 Mar 2015
    4          Rafizi Ramli – Pandan MP                   10 Mar 2015
    5         Mohd Fakhrulrazi – PAS Member       11 Mar 2015
    6              Teo Kok Seong – Rasah MP             14 Mar 2015
    7                 Adam Adli – Activist                      14 Mar 2015
    8              Mandeep Singh – Activist               14 Mar 2015
    9                 Jayathas – Activist                         17 Mar 2015

    SUARAM reiterates that there is absolutely no legitimate grounds for the investigation of those allegedly involved in the #KitaLawan rally under Section 134 of the Penal Code and Peaceful Assembly Act. It was a peaceful gathering among Malaysians who shared the same sentiments for reform in the country. And that the Sedition Act is an absolutely archaic piece of legislation that left an excessive amount of discretion in the hand of authorities to criminalise even the slightest voice of dissent.

    How then can we expect that the passage of the new Prevention of Terrorism bill (POTA) and amendment to the Sedition Act, which would essentially expand the power and discretion exercisable by the police, be used responsibly and not to clampdown on dissent?

    Source : www.suaram.net

    Image : themalaymailonline.com

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