Malaysia: activists and opposition figures harassed
Event- Country
- Malaysia
- Initial Date
- May 5, 2013
- Event Description
Over the last two weeks (since May 5 2013), members of opposition parties, protesters and human rights defenders were reportedly harassed and, in some cases, arrested by authorities as a consequence of their involvement in demonstrations questioning the electoral results. Protesters were also allegedly physically harassed, inflicting in some instances bodily injuries, by groups supportive of the Government. On 17 May 2013, a leader of the opposition People's Justice Party and Selangor state assembly person, Nik Nazmi, was charged under the Peaceful Assembly Act 2012 or allegedly having failed to serve the police with sufficient notice for an opposition-led demonstration at the Kelana Jaya Stadium on 8 May 2013. Six Pakatan Rakyat leaders were subsequently charged under the same law for organizing similar rallies in different locations throughout the country. On 18 May 2013, student activist Adam Adli was arrested in Kuala Lumpur. On 23 May 2013, he was subsequently charged under the Sedition Act 1948, for allegedly uttering a seditious statement during a public forum on 13 May, where he called for street protests against the Government. He was released on bail on the same day, pending court hearing set for 2 July 2013. A candlelight vigil that was held on 22 May 2013 to call for the release of Adam Adli resulted in the arrest of further 18 participants, who were also questioned by the police. On 29 May 2013, authorities allegedly re-arrested opposition Member of the Parliament Tian Chua, opposition PAS Islamic Party member, Tamrin Bin Abdul Ghafar and civil society activist, Haris Ibrahim, along with a student activist Safwan Anang under the same Sedition Act in Kuala Lumpur. They were first arrested on 23 May 2013, but were later released by the magistrate. Their arrest is reportedly linked to their involvement in protests.Thousands of copies of printed publications by opposition parties were reportedly seized in various States. Officers from the Home Ministry had not only seized the publications but also raided the vendors' stalls. The Home Minister allegedly stated that some of the seized publications had violated Section 5 of the Printing Presses and Publications Act 19841. Authorities have reportedly further contributed to the atmosphere of tension by making statements blaming minorities for the political instability. On 12 May 2013, the former Court of Appeal Judge Mohd Noor Abdullah (now a commissioner for the Malaysian Anti-Corruption Commission) reportedly stated that the Chinese Malaysians must be prepared for a backlash from the Malay community given their betrayal in the recent elections. UPDATE: 3/06/13: JUA sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders. No response as of May 2014. UPDATE: On 28 May 2013, the police issued an arrest warrant against Mr. Hishamuddin Rais, political activist affiliated to Bersih 2.0, after he reportedly made a seditious statement at a public forum at the Kuala Lumpur and Selangor Chinese Assembly Hall on 13 May 2013. On 29 May 2013, he surrendered himself at the Kuala Lumpur Sessions Court, and was charged under Section 4(1)(b) of the Sedition Act. He is due to appear before the court on 2 July 2013. On 5 June 2013, Mr. Badrul Hisham Shaharin, leader of PKR, was charged under Section 9(1) of the Peaceful Assembly Act by the Petaling Jaya Sessions Court because he allegedly failed to notify the police about a rally he had organized on 25 May 2013 in Padang Timur, Petaling Jaya. He claimed trial, and the Court set 9 July 2013 for case management. On 15 June 2013, Mr. Edy Noor, Mr. Shariful Azmir Mustafa, Mr. Abdul Aziz, Mr. Anwar Yaacob, Mr. Sky Lau Tock Sang, Mr. Gerald Tang, Mr. Safwan Shamsuddin, Ms. Zanina Mohamed, Mr. Abdul Muqit, Mr. Ekhsan, Bukharee, Mr. Ibrahim Babu, Mr. Muhamad Al Fateh, Mr. Sulaiman Harun, Mr. Roslee Mohd Shariff, and Mr. Muhd Akmal Fizani (aged 10), took part in a peaceful flash mob at the Sogo shopping mall in Kuala Lumpur, with a view to informing the public of the date of a forthcoming rally scheduled for 22 June 2013. The aforementioned activists were arrested under Section 9(1) of the Peaceful Assembly Act, and investigated under Section 9(5) of the same Act. They were all released later that day under police bail. 112 statements were taken from the aforementioned individuals (with the exception of the minor). Concerns are reiterated that the aforementioned individuals were arrested, charged or had statements taken because of the exercise of their rights to freedom of opinion and expression, and peaceful assembly. UPDATE (ADAM ADLI) 24/06/2014: a sessions court judge has ruled that the prosecution has proven a prima facie case against Adam Adli, and that he must therefore enter a defence on the charges. The defence argues that Mr. Adli's words on 13 May 2013 were in line with his right to freedom of expression under the constitution. He is scheduled to give evidence on 22 July 2014.
- Impact of Event
- 30
- Violation
- (Arbitrary) Arrest and Detention
- Intimidation and Threats
- Judicial Harassment
- Rights Concerned
- Freedom of assembly
- Right to political participation
- Right to Protest
- Source
- Monitoring Status
- Pending
- Event Location
- Summary for Publications
In the weeks following the 5 May national election in Malaysia, activists and opposition figures have suffered harassment and arrest for participating in demonstrations protesting the election results. On 17 May 2013, a leader of the opposition People's Justice Party and deputy to the Selangor State Assembly Mr Nik Nazmi was charged under the Peaceful Assembly Act. On 18 May 2013, student activist Mr Adam Adli was arrested in Kuala Lumpur. On 23 May 2013, he was charged under the Sedition Act 1948, for allegedly uttering a seditious statement during a public forum on 13 May. He was released on bail on the same day, pending a court hearing set for 2 July. A candlelight vigil that was held on 22 May 2013 to call for the release of Mr Adam Adli resulted in the arrest of 18 participants, who were also questioned by the police. On 29 May, authorities allegedly re-arrested opposition Member of the Parliament Mr Tian Chua, opposition PAS Islamic Party member, Mr Tamrin Bin Abdul Ghafar and civil society activist, Mr Haris Ibrahim along with student activist Mr Safwan Anang, under the same Sedition Act in Kuala Lumpur. 28/05/13: Bersih 2.0 activist Hashimuddin Rais was charged with sedition for statements made at a public forum on 13 May 2013. 15/06/13: 15 activists were arrested on charges under Section 9(1) of the Peaceful Assemby Act (PAA). UPDATE 3/06/13: JUA sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders. No response as of May 2014. UPDATE 19/06/13: JUA sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders. No response as of May 2014. UPDATE (ADAM ADLI) 24/06/2014: a sessions court judge has ruled that the prosecution has proven a prima facie case against Adam Adli, and that he must therefore enter a defence on the charges. The defence argues that Mr. Adli's words on 13 May 2013 were in line with his right to freedom of expression under the constitution. He is scheduled to give evidence on 22 July 2014.