Uwazi

Two Malaysian filmmakers could face jail after a Kuala Lumpur court on Wednesday charged them with insulting “religious feelings” over a movie exploring the afterlife, which has never been shown in the country and had already been pulled from Hong Kong streaming platform Viu.

Director Khairi Jailani and producer Tan Meng Kheng are the first Malaysian filmmakers to face a criminal charge over film content in the Muslim-majority country, where creatives say the march of religious conservatism is increasingly smothering cultural output. The pair earlier pleaded not guilty to the charge of deliberately “wounding the religious feelings of any persons” in their banned film “ Mentega Terbang”, which is a play on words in Malay, literally translated as butterfly.

Under Section 298 of the Penal Code, they face a one-year prison sentence with fines if convicted.

The 104-minute film, which was banned in Malaysia last September, revolves around a young Malay Muslim girl who comes to terms with losing her terminally ill mother through researching what other religions say about life after death.

Accused of promoting apostasy, the film was pulled from streamer Viu after the controversy caused by the Malaysian ban. While multiethnic and multicultural, Islam is Malaysia’s state religion with a legal code and enforcement agencies to preserve orthodoxy.

Khairi was released on a 6,000 ringgit (US$1,280) bail while Tan paid 6,500 ringgit (US$1,385), pending a trial date. Both were slapped with gag orders.

The duo have already faced death threats in a public backlash and probes by police and religious authorities since the release of the movie on Viu last year.

The film remains available on YouTube.

Online, critics of the film rejoiced at the court action against the pair, saying they deserve to be punished for “insulting Islam” and should repent.

This includes scriptwriter Zabidi Mohamed, who has been a vocal opponent of the film from the start, applauding the move to haul Khairi and Tan to court, calling the film “blasphemous” and carrying “liberal thinking”.

“As a Muslim, I hold to the belief that the truth is only with Islam and hold to the religious belief that God is pleased with is only Islam,” he said in a Facebook post on Tuesday, adding that he was aware of the impending indictment a week earlier.

On the other side of a divided society, the charge was met with dismay with even some government backbenchers in parliament questioning the move.

“After more than 60 years of nation-building, are we losing more spaces and places for discussions, reflections, and creation?” asked Petaling Jaya MP Lee Chean Chung on X (formerly Twitter).

Activist Mahi Ramakrishnan, meanwhile, called for solidarity with the filmmakers, actors and crew.

“Charging the director and producer takes a whack at their creative license, free speech and freedom of expression,” she said.

Last April, the filmmakers and cast were summoned by the police for questioning, as well as by the Kuala Lumpur Islamic religious authorities over the movie.

This came just one month after unknown assailants trashed and splashed paint and corrosive liquid on Khairi and actor Arjun Thanaraju’s cars, with messages calling for their death, saying the film “challenges Islam”.

The attacks hurled at the filmmakers marked the lowest point of Malaysian cinema in 2023, in what is otherwise a vibrant year that saw a string of local flicks gaining recognition and winning accolades at international film festivals.

“The world now knows Malaysia,” National Film Development Corporation’s chairman Kamil Othman said in December. “Malaysian cinema is making its wave so our duty and challenge is that it continues.”

Despite the recognition by the film board, Malaysian authorities continue to keep Malaysian cinema on a short leash with Communications Minister Fahmi Fadzil distancing the government from the straight-to-streaming film, alluding that the filmmakers had crossed the line in his response to it last March.

“I want to remind everyone that even if we want to be filmmakers, we still have laws that apply to any work we produce, so we have to respect those laws,” Fahmi said.

Fahmi, however, condemned the threats made against the filmmakers, crew and cast, and urged Malaysians not to take the law into their own hands following the incident.

Former student activist Wong Yan Ke, who was found guilty today of insulting a university vice-chancellor by staging a protest during a convocation ceremony, has vowed to continue speaking up on issues close to his heart.

In a statement, the former Universiti Malaya Association of New Youth (Umany) president said he would continue exercising his freedom of expression as enshrined in the Federal Constitution.

He also said protests could mobilise public opinion and empower them to shape the nation’s destiny, adding that this was not the sole domain of politicians.

“I firmly believe that safeguarding free speech is vital to enable citizens to scrutinise public affairs and hold those in power accountable,” he said.

“In the face of government monopolies on power, resources and violence, free speech remains our sole instrument to defend our rights.

“Only through protests can we protect the values of pluralism, liberty, equality and democracy, and remain a human being who is free and equal in dignity and rights.”

Earlier today, the Kuala Lumpur magistrates’ court found Wong guilty of insulting a university vice-chancellor by staging a protest during a convocation ceremony in 2019.

He was handed a RM5,000 fine after he failed to establish a reasonable doubt in the prosecution’s case.

Wong was accused of humiliating Universiti Malaya vice-chancellor Abdul Rahim Hashim and the convocation’s attendees knowing that he would incite their anger during the ceremony by carrying a protest placard on stage demanding Rahim’s resignation as the vice-chancellor.

Wong, who graduated from Universiti Malaya with a degree in civil engineering, was charged in February 2020.

Delivering her ruling, magistrate Illi Marisqa Khalizan said the court could not agree with the reasoning given by Wong that he had no other means to voice his views.

Wong’s counsel, Chong Kar Yan, said his client would pay the fine and file a notice of appeal at the High Court.

Last week, Wong, now a coordinator at Suara Rakyat Malaysia, was also granted a discharge not amounting to an acquittal (DNAA) for disobeying a police order to stop recording a raid at his house in 2020.

It came after the prosecution failed to present any of its five witnesses in court.

On 21 July 2023, an attempt to kill the human rights defender Siti Zabedah Kasim (Siti Kasim) took place, which she survived. An improvised explosive device (IED) was planted on the human rights defender’s car and was discovered behind her tyre by a mechanic in a car service workshop in Bangsar.

Siti Kasim is a human rights lawyer and a LGBTIQ+ rights defender. She has defended Orang Asli indigenous communities vindicating their land rights against mining and logging activities in Peninsular Malaysia. Siti Kasim is also a prominent advocate for the LGBTIQ+ community in the country.

The explosive device was confirmed to be an IED by the Bomb Disposal Unit. Although the attacker remains unknown, the Inspector-General of Police has stated that “Placing the bomb is a serious crime and amounts to attempted murder,” while the police are trying to trace the suspect through fingerprints and other evidence.

Siti Kasim has previously received death threats for advocating for LGBTIQ+ rights and speaking out against the rise of religious extremism in Malaysia. However, this recent incident is the most serious she has ever faced. As a result, the woman human rights lawyer is worried for her and her family’s safety.

On 23 July 2017, Siti Kasim filed a police report at the Sentul police station, Kuala Lumpur, after death, rape and acid attack threats were published against her online relating to her work for LGBTIQ+ rights. On 13 June 2017, Siti Kasim was informed that she was to be charged under section 186 of the Penal Code for “obstructing a public servant in discharge of his public functions” in light of a raid which was carried out on an event hosted by transgender women by the Federal Territories Islamic Religious Department (Jawi) in Kuala Lumpur on 3 April 2016. Front Line Defenders expresses grave concern at the threats and attack on the life of human rights defender Siti Kasim, which it believes are solely motivated by her peaceful and legitimate work in defence of LGBTIQ+ rights in Malaysia. Front Line Defenders is seriously concerned for the physical and psychological well-being of the human rights defender and her family.

Human Rights Watch (HRW) has called on the Malaysian government to act swiftly to locate a Myanmar refugee activist and her family after they were allegedly abducted from their home in Ampang Jaya at the beginning of this month.

FMT has reached out to the home ministry and police for comment.

According to HRW, activist Thuzar Maung, her husband Saw Than Tin Win and their three children were abducted by unidentified men on July 4.

The international human rights watchdog said its claim is supported by CCTV footage and witness accounts gathered following the incident.

“We fear that Thuzar and her family were abducted in a planned operation and are at grave risk. The Malaysian government should urgently act to locate the family and ensure their safety,” said HRW’s Asia director, Elaine Pearson, in a statement.

The group claimed that at 4.30pm on the day of the incident, the alleged abductors, who arrived in a car and identified themselves as policemen, got past the security post of the gated community where the activist’s home was located.

“Two hours later, Thuzar was on the phone with a friend, who heard Thuzar yell to her husband that unknown men were entering the house, before the call got disconnected.

“Later that day, the same car and two cars owned by Thuzar’s family were seen leaving the compound,” HRW claimed.

It said CCTV footage from the security booth captured the licence plate of the “police” car.

Malaysian police have since confirmed registration number of the car as fake, the group claimed.

The outspoken Thuzar is a long-time advocate for democracy in Myanmar and of refugee and migrant rights in Malaysia.

She chairs the Myanmar Muslim Refugee Community and Myanmar Migrant Workers Committee, and has also worked closely with Myanmar’s opposition, the National Unity Government of Myanmar.

Thuzar fled Myanmar in 2015. She and her family are recognised by the United Nations High Commission For Refugees as refugees in Malaysia.

A human rights activist will be charged tomorrow over a social media post on the mistreatment of refugees at detention centres, barely a year after she had the same charge dismissed by the High Court.

Heidy Quah said she would be charged at the cyber crimes court tomorrow morning.

In a Facebook post, Quah said she would be charged for allegedly using the internet with the intention to offend and annoy.

“This police report was filed against me by our government of Malaysia.”

The last time Quah was charged, she was granted a discharge not amounting to an acquittal as the courts found the charges to be defective.

“But here I am, yet again. Being charged again.”

Quah then took a swipe at the current administration, saying that despite the change in the administration, some practices remained, specifically human rights defenders were still being prosecuted “for speaking the truth”.

She said while she was left shaken, she was determined to keep speaking up.

Quah also called on the government to reform Section 233 of the Communications and Multimedia Act (CMA), which she is being charged under, and pass a strong Whistleblowers Act.

“It’s time we investigate allegations, not whistleblowers.”

In 2021, Quah was slapped with a charge under Section 233(1)(a) of the CMA, with the prosecution contending that she uploaded the post on June 5, 2020, with the intention to insult others.

Hours after revealing that she would be charged over a social media post on the mistreatment of refugees at detention centres, human rights activist Heidy Quah said she had been informed that she would not be hauled to court after all.

Quah told FMT that she had just received a call from the investigating officer informing her that there was no longer a need for her to go to the cyber crimes court to face charges for allegedly using the internet with the intention to offend and annoy.

“I am not sure what caused the change, public pressure, our letters of appeal, or the different leaders within the government who have worked hard for a New Malaysia and want to do things right.

“I hope that this matter ends once and for all, and I will no longer be charged.”

She then thanked those who stood in solidarity with her.

Earlier this evening Quah revealed that she would be charged under Section 233 of the Communications and Multimedia Act (CMA).

The Kuala Lumpur High Court had last year granted her a discharge not amounting to an acquittal as they found the charges to be defective.

In 2021, Quah was slapped with one charge under Section 233(1)(a) of the CMA, with the prosecution contending that she uploaded the post on June 5, 2020, with the intention to insult others.

The wife of Pakistani journalist Syed Fawad Ali Shah, who was deported in August, has denied that her husband is a former police officer.

Syeda said her husband was never a policeman.

“He is a journalist. You can see many of his articles on the internet,” she told FMT.

Syeda was responding to the claim made by home minister Saifuddin Nasution Ismail when confirming that Malaysia had obliged Pakistan’s request to have Fawad deported “sometime in the third week of August”.

Fawad, the minister claimed, was a former policeman with disciplinary issues back home.

Syeda questioned how the Malaysian authorities could ignore the fact that Fawad was in exile in Kuala Lumpur with a United Nations High Commissioner for Refugees (UNHCR) card when sending him back to Pakistan where he may face persecution.

She said the deportation has put Fawad’s life in danger.

“When we asked the Pakistan High Commission here, they said they were not involved. After looking for him in Pakistan and in Malaysia, I can’t find him. What do I do now?”

Syeda had come to Kuala Lumpur to look for Fawad after attempts to contact him failed. A housemate lodged a missing person’s report in August.

Fawad, who was in exile in Malaysia for more than 10 years, has been missing since Aug 23 last year.

The 41-year-old had sought asylum in Malaysia, claiming he was being persecuted in Pakistan over articles published in several English dailies there related to alleged government corruption.

When her husband didn’t call as expected one night last August, Syeda knew something was wrong.

Syed Fawad Ali Shah, a Pakistani journalist living in exile in Malaysia, never missed their daily call. But despite Syeda’s efforts to find answers, it has been five months since she's heard from her husband.

Syeda’s pleas for answers from Malaysian and Pakistani authorities have largely been met with silence. “This is mental torture,” she told VOA, asking that we use only her first name.

The last time Syeda saw her husband was in the spring of 2022, when she was able to visit him in Malaysia. The last time she heard his voice was during a phone call on August 22.

The first inkling of her husband’s fate came on January 4, when Malaysian Home Affairs Minister Saifuddin Nasution Ismail acknowledged at a press conference that Shah had been deported to Pakistan in August, at the request of the Pakistan High Commission in Kuala Lumpur.

Malaysia said Pakistani authorities contended that Shah was a police officer who was the subject of disciplinary proceedings.

Syeda, a business professor who lives and works in Pakistan, said her husband has never worked for the police.

But even with Malaysia saying the journalist had been deported, questions remain. The most obvious is: Where is Shah?

Pakistani officials have told Syeda her husband is not in the country. But media rights analysts believe Islamabad is holding him.

Attempts by VOA to seek comment from Pakistani and Malaysian officials and embassies were not successful.

A spokesperson for Pakistan’s Foreign Ministry told VOA’s Urdu Service in a Thursday briefing that deportations are “finalized after consultations between governments through specific channels under certain legal provisions.”

The spokesperson directed VOA’s other questions about the case to the Ministry of Information. VOA contacted the information minister via a messaging app but did not receive a response by the time of publication.

Efforts to seek comment from Pakistan’s Interior Ministry and Federal Investigation Agency were also unsuccessful.

VOA also reached out to Malaysia’s home affairs and immigration ministries, and the Pakistan High Commission, but as of publication had not received a response.

Intimidation tactics

For years, Shah reported critically on Pakistan, including the country’s powerful military and intelligence agencies.

Writing for the Pakistani daily The Nation, he produced a series of investigative stories about enforced disappearances and probable links between Taliban groups and the Inter-Services Intelligence (ISI), a Pakistani intelligence agency.

Then in January 2011, the ISI abducted Shah and tortured him for months in a cellar, media watchdog Reporters Without Borders (RSF) said.

At that time, said Daniel Bastard, head of the Asia-Pacific desk at RSF, intelligence agencies would hold reporters for months, “just to intimidate the whole community of journalists in Pakistan.”

Shortly after Shah was released, he fled to Malaysia and applied for refugee status.

Despite the distance, Pakistan’s intelligence agencies made efforts to forcibly repatriate him, even contacting Interpol on multiple occasions, according to RSF. Interpol refused.

In December 2019, a letter stamped “ISI” was sent to his Malaysian home, the news website Free Malaysia Today reported. He had one “last opportunity” to go to an agency in Kuala Lumpur to get an emergency passport, the letter said. “If you refuse to do so then we will make a horrific example of you,” it said.

Syeda shared a screenshot of an email her husband wrote to the U.N. High Commissioner for Refugees in 2021. In it, he wrote, "I am always afraid that I will be deported to Pakistan secretly or dramatically without informing to the UNHCR Malaysia."

Paper trail

Analysts who spoke with VOA believe the Malaysian government likely deported Shah in error, saying the country did not have much to gain from the move.

There should be paperwork documenting Shah’s deportation, including when and how he left the country, according to Waytha Moorthy Ponnusamy, a Malaysian lawyer Syeda hired to investigate her husband’s case. But that paperwork doesn’t appear to exist, he said.

“Someone is hiding something,” Ponnusamy told VOA. “That’s the reason why we are trying to get to the bottom of it.”

Ponnusamy is among those who believe Shah was deported through an error. Still, he blames a select few Malaysian and Pakistani officials for what happened.

Syeda traveled to Malaysia in mid-December. She had wanted to travel earlier, but she was pregnant. Eventually, she said, the stress and anxiety caused by her husband’s disappearance became too much, leading to a miscarriage in October.

After arriving in Kuala Lumpur, Syeda worked with Ponnusamy to push Malaysia to reveal more information, but with no success.

Since the deportation, elections in November 2022 brought a change of power to Malaysia. Even though the officials are new, the government’s indifference is not, according to Predeep Nambiar, a journalist at Free Malaysia Today who is helping Syeda.

“The apathy — that really, frankly, pisses me off,” he told VOA. “It’s very opaque.”

In a country that ranks low on press freedom indexes, that has little freedom of information, that has not signed the 1951 Refugee Convention, and that does not respect the principle of non-refoulement, the Malaysian government’s indifference in this case is not surprising, Nambiar said.

Transnational repression

Shah’s disappearance underscores the lengths Islamabad will go to to muzzle its critics, analysts told VOA, as well as the dangers dissidents face, even when thousands of miles away.

Authoritarian governments have long blurred borders to “silence dissent,” according to Yana Gorokhovskaia, who researches transnational repression at Freedom House.

“There’s a whole universe in which governments cooperate to target people, or at least facilitate the targeting of people,” she told VOA.

Shah’s disappearance followed several other cases in which Pakistani exiles have been harassed and sometimes even killed.

It’s a pattern that Taha Siddiqui is acutely aware of. After barely escaping a 2018 kidnapping attempt in Islamabad, the reporter fled to France.

He still receives intimidating phone calls and messages from Pakistani officials, he said, and people affiliated with the embassy surveilled him, even checking up on him at the bar he runs in Paris. He said an American intelligence agency told him a few years ago that he was on a Pakistani “kill list.”

Pakistan’s Paris embassy did not respond to an email requesting comment.

Pakistani intelligence agencies have also harassed his family members, Siddiqui said. “They told my mother that Taha thinks that he’s safe in Paris, but no one is safe anywhere.”

He added that the disappearance of Shah has made him nervous for his own safety.

Since advocating for her husband in Malaysia, Syeda said she has received intimidating messages and calls telling her to return to Pakistan. Fearful that she would be disappeared, Syeda applied to extend her visa. The request was denied.

“It is very risky for me, but I have no other option,” she told VOA hours before she left the country. “My life is at risk but still I am going.”

A day after arriving in northern Pakistan, she told VOA that two men who said they were with ISI came to her home and instructed her to keep quiet.

“Don’t make your life difficult,” they told her, adding that her husband was not in Pakistan.

“I am worried,” she told VOA. “Please pray for me.”

Two organisers of the protest held by Amanah against the rising prices of goods were questioned by police today, with eight more summoned to give their statements tomorrow.

Amanah communications director Khalid Samad confirmed that he had given his statement at the Dang Wangi district police headquarters at 10am today in connection with the protest yesterday at Kampung Baru.

“Yes, I chose to go after they summoned me. The police asked about my role in the protest and who else was present,” he told FMT.

The former federal territories minister said besides providing his contact details to the police, he responded to every other question with “I choose to reply in court”.

Fadhli Umar Aminolhuda of the party’s legal bureau told FMT that besides Khalid, DAP central executive committee member Sheikh Umar Bagharib Ali had also been quizzed by the police today.

Others scheduled to be questioned at the Dang Wangi police headquarters at 10am tomorrow are Amanah vice-president Adly Zahari, secretary-general Hatta Ramli, Selangor state exco Izham Hashim, mobilisation bureau director Sany Hamzan, Amanah Youth chief Hasbie Muda, Permatang Pasir assemblyman Faiz Fadzil, women’s wing chief Aiman Athirah Al Jundi and Wanita Youth wing head Nurthaqaffah Nordin.

Fadhli said they are being investigated under Section 9(5) of the Peaceful Assembly Act for failing to provide prior notice of the rally to the authorities.

Yesterday, about 100 people took part in the protest over the rising prices of goods, which started at 2pm after Friday prayers and ended after 3pm.

Some 15 police personnel were there to ensure the rally remained orderly as the participants called for the government to resolve the issue.

At the rally, Faiz warned that Amanah would hold another protest if Putrajaya did not address the issue by July 16.

Police formed a human barricade along Jalan Tuanku Abdul Rahman to stop the “Turun Malaysia” protesters from marching towards Dataran Merdeka.

About 500 people had gathered at the Sogo shopping complex from 2pm to protest against the rising cost of living.

Activist Sevan Doraisamy and other protesters attempted to negotiate with the authorities to continue their march but were unsuccessful.

Protesters chanted “Hidup Rakyat” and demanded that ministers take a pay cut.

Several youth leaders from political parties, including Adam Adli (PKR Youth chief) and Amir Abd Hadi (Muda co-founder), joined in the protest and gave speeches.

Also present were International Islamic University Malaysia student union president Aliff Naif and members of various NGOs.

Police had earlier blocked vehicles from entering Jalan Tuanku Abdul Rahman in anticipation of today’s protest.

On Thursday, a group calling itself “Turun Malaysia” said it would stage a protest and called on students and other young Malaysians to gather at the shopping complex to make their voices heard over the hike in the price of goods and the rising cost of living.

Yesterday, Dang Wangi district police chief Noor Dellhan Yahaya said the authorities were not notified about the protest as required under the Peaceful Assembly Act 2012, and that action would be taken against those involved.

However, the organisers led by Selangor Amanah Youth chief Abbas Azmin, Undi18 co-founder Qyira Yusri and Universiti Malaya students’ union president Ooi Guo Shen said they would go ahead “because the right to assemble is guaranteed under the law”.

Adam told the crowd that the protest today is to “remind” the government to look into the people’s plight.

“Our demands are very clear,” he said.

Meanwhile, Amir said the people will not stay silent over the rising cost of living which is affecting them badly.

He said the protesters are also demanding for the removal of ministers who are not performing, adding that it could help the government cut down on its expenses.

The five key demands by the protesters were for ministers to take a pay cut, government subsidies to be continued, control on the price of goods, to check the issue of food security, and to provide proper assistance to the people.

The protesters started dispersing shortly after 3pm when the police barred them from marching to Dataran Merdeka.

Mr. Zafar Ahmad Abdul Ghani is a human rights defender and President of the Myanmar Ethnic Rohingya Human Rights Organization Malaysia (MERHROM), a non-profit organization based in Kuala Lumpur. As part of this work, Mr. Abdul Ghani advocates for the human rights of refugees and asylum seekers, combating human trafficking, and promotes the rights of the Rohingya minority, and the establishment of democracy in Myanmar. Mr. Abdul Ghani sought refuge in Malaysia in 1992 and was recognized as a refugee in 2004.

ALLEGATIONS

On 16 April 2020, the Malaysian Navy allegedly denied entry to a boat with 206 Rohingya people into Malaysia, due to the COVID-19 pandemic. Following this, Mr. Abdul Ghani was contacted by local and international media for comments. On 21 April 2020, MERHROM issued a press statement in response to this incident, requesting the United Nations, ASEAN and world leaders to protect the rights of Rohingya minority and prosecute human traffickers in respective ASEAN countries. On the same day, the statement was posted on an unknown individual’s Facebook account, who allegedly urged the Malaysian Government to be stern with the Rohingya community and urged others to attack Mr. Abdul Ghani’s Facebook account. The account also reportedly stated that Mr. Abdul Ghani’s phone number was available.

On the same day, a picture of Mr. Abdul Ghani was uploaded on another unknown individual’s Facebook account, claiming that Mr. Abdul Ghani was demanding full citizenship rights for Rohingya living in Malaysia. Mr. Ghani’s social media account received almost 20,000 comments the same day, including threats and insults, including posts urging him and the Rohingya minority to leave Malaysia.

On the same day, an online petition was launched by unknown individuals, urging the Malaysian Government to send Mr. Abdul Ghani and all Rohingya minority back to Myanmar. On 22 April 2020, an open letter from Malaysian nationals was issued to MERHROM, demanding all Rohingya, including Mr. Abdul Ghani, be expelled back to Myanmar.

Since then, Mr. Abdul Ghani has reportedly received further threats and harassment, including death threats and threats of physical violence through phone calls, WhatsApp messages, SMS, Facebook and various other social media platforms. These attacks call for the killing and violent attack of Mr. Abdul Ghani, as well as for the Malaysian government to expel him and all Rohingya minority from Malaysia. Mr. Abdul Ghani’s family have also reportedly received threats and insults, with threats that they will find him, his wife and children and kill them all, and made serious threats against his mother.

On 23 April 2020, Mr. Abdul Ghani and his wife lodged a report at the Gombak police station based on the threats and harassment they had been receiving online. They were reportedly instructed to meet the Investigation Officer at Setapak police station, where they were allegedly confronted by three unknown individuals regarding Mr. Abdul Ghani’s alleged claim for Malaysian citizenship.

Mr. Abdul Ghani’s and MERHROM’s advocacy and community work has reportedly been increasingly affected following the harassment and threats against him. As a result of this harassment, he together with MERHROM’s committee members have had to cease their efforts in assisting Rohingya who have been affected by the COVID-19 pandemic.

On 5 September 2021, Mr. Abdul Ghani reportedly received a call from an unknown individual, believed to be a Myanmar national based on his accent, who told him to be careful, as the Myanmar Military Intelligence is allegedly following him. The caller told Mr. Abdul Ghani to stay at home and not leave.

Additionally, following the death of human rights defender and Chair of the Arakan Rohingya Society for Peace and Human Rights (ARSPH) Mr. Mohib Ullah on 29 September 2021, in the Rohingya refugee camps in Bangladesh, Mr. Abdul Ghani has been receiving threats on social media platforms, urging him and Rohingya refugees in Malaysia to return to Myanmar. Although Mr. Abdul Ghani’s name is not always referenced, he is referred to on social media as the “President or Rohingya Leader in Malaysia”.

On 30 September 2021, the Sinar Harian Malaysian newspaper published an article on Mr. Ullah’s assassination. The article received over 1.3k comments, reportedly mostly negative and many targeting Mr. Abdul Ghani. Allegedly, some comments included threats of violence, including that Mr. Abdul Ghani should be shot, or that he should take Mr. Ullah’s place in the refugee camp where he was assassinated.

CONCERNS

In the communication, we expressed our deep concern at the death threats, harassment and intimidation against human rights defender Mr. Abdul Ghani, which appear to be directly linked to his legitimate work as a human rights defender in Malaysia, working on the protection of the rights of refugees and asylum seekers, combating human trafficking, the rights of the Rohingya minority, and promoting the establishment of democracy in Myanmar. Furthermore, we express our concerns regarding the targeting of Mr. Abdul Ghani for the legitimate exercise of his right to freedom of opinion and expression, as well as of peaceful assembly and of association. We express further serious concerns at the threats and intimidation against Mr. Abdul Ghani’s family members as well.

We also expressed concern with regard to the online targeting of, smear campaigns and xenophobia against refugees and migrants. We are concerned that such actions heighten the vulnerability of refugees, migrants and certain minorities, given the precarity of their status, and could result in the normalisation of xenophobia and discrimination against refugees and migrants in Malaysia. As such, this could also potentially inhibit human rights defenders in Malaysia from carrying out their legitimate work regarding minority, refugee and migrant rights, due to potential retaliation.

Condemning the use of SLAPPs, Reporters Without Borders (RSF) calls for the dropping of criminal defamation charges against Azam Aris, former editor of the Malaysian business weekly The Edge, and his colleague Shanmugam Murugasu, for articles revealing stock market manipulation.

“The use of SLAPPs to dissuade journalists from publishing investigations of public interest is unacceptable," said RSF's Asia-Pacific office. “We call on deputy public prosecutor Farhanah Fuad Faiz to drop the proceedings against Azam Aris and Shanmugam Murugasu and instead to protect Malaysian journalists against gag suits of this kind.”

After receiving a summons the previous day, Azam Aris appeared before a magistrates’ court in the Kuala Lumpur suburb of Petaling Jaya on 13 September, where he was charged twice with criminal defamation under Section 500 of the Penal Code, which is punishable by up to two years in prison and a fine (on which Section 500 sets no limit).

The two cases, one of which concerns an article published in September 2020 and the other an article in April 2021, were heard by different magistrates, both of whom ordered Aris’s release on bail and set the next hearing for 22 November. The articles are alleged to have defamed a Malaysian businessman and several Malaysian companies.

Aged 61, Aris retired as The Edge’s chief editor in 2021 but continues to work part-time for the weekly. Contributing editor Shanmugam Murugasu, who was out of the country on 13 September, will be charged in connection with the second of the two cases on his return, prosecutors said.

Exposing stock market manipulation

Both articles were about signs that deliberate manipulation was responsible for surges in the values of penny stocks (low-valued stocks) on the Malaysian stock exchange.

The first article reported strange transactions and irregularities in the valuations of around 20 penny stocks owned by a small group of businessmen suspected of reaching an anti-competitive agreement. One of them, Kua Khai Shyuan, the CEO of the DGB Asia group, filed a complaint in 2021 accusing The Edge of defaming him and his company.

The second article, in the 12 April 2021 issue, took the investigation further and reported that around 60 companies were now suspected of involvement in market manipulation resulting in gains that were “irrational” with regard to the overall market situation.

Acid attack in similar case

Neither Aris nor Murugasu wrote the articles for which they are being prosecuted. The articles were published without by-lines for safety reasons, because a stock exchange official who was investigating a similar case of market manipulation was the victim of an acid attack in 2018.

In a statement, Edge Media Group publisher Ho Kay Tat concluded: “We are, therefore, baffled as to why the police and the [Deputy Public Prosecutor’s] Office of Kuala Lumpur are pressing criminal defamation charges against us for informing investors about stock market manipulation. The volatile trading of penny stocks which took place in 2020 and early 2021 has abated, following our last article in April 2021 and after warnings by market regulators.”

Last January, RSF reported that the head of the Malaysian Anti-Corruption Commission (MACC) had brought a defamation suit against Lalitha Kunaratnam, an investigative journalist, for reporting an alleged conflict of interests within the commission.

Today, authorities charged artist Fahmi Reza under Section 233 of the Communications and Multimedia Act for the second time this year. Fahmi was released on bail set at RM 3,000 (approximately USD 750). The graphic, posted by Fahmi on Facebook on 1 June 2021, depicts a can of Carlsberg beer and reads, ‘Carlsberg for everyone.’ The graphic is a satirical commentary on the Ministry of Trade and Industry’s decision to grant approval for all factories producing alcohol to operate as ‘essential services’ throughout the nationwide lockdown due to COVID-19. The decision caused a public outcry, leading the government to revoke its decision and ban the operations of breweries until the lockdown was relaxed.

Today’s charge forms part of a campaign of government harassment targeting Fahmi following criminal charges against him last week and multiple previous investigations. So far this year Fahmi has paid RM 8,000 (approximately USD 2,000) in bail charges.

At 8 PM on 19 August 2021, Malaysian authorities arrested 31 protesters that attended a candlelight vigil organised by Sekretariat Solidariti Rakyat under the #Lawan banner to mourn the lives taken by COVID-19. Less than one hour into the event at Dataran Merdeka, police obstructed the vigil, arrested 17 men and 14 women—who were mostly youths—and confiscated their identity cards and phones. This is not the first #Lawan gathering to be obstructed by authorities.

Police took all 31 individuals to Dang Wangi District Police Headquarters where the presence of lawyers was restricted. Police officers only permitted three lawyers to enter the station and represent the detainees. By midnight, all participants were ordered to pay a fine of RM 2,000 (approximately 500 USD) for violating regulations preventing demonstrations during the pandemic and were released. However, investigations are ongoing. Nalini Elumalai, ARTICLE 19’s Senior Malaysia Programme Officer said:

“The forceful and aggressive arrest of 31 protesters at a candlelight vigil demonstrates an alarming disregard for freedom of assembly. Authorities must stop treating peaceful protests as a threat to be neutralised and instead help ensure that the public can safely exercise their right to freedom of assembly, even during the pandemic.”

“By obstructing the protesters’ access to legal representation, the authorities are compounding human rights violations and undermining the criminal justice system. Authorities must stop using COVID-19 as a false pretence for petty arrests and the harassment of government critics.”

A Malaysian timber certification authority has halted its review of a conflict between Sarawak Indigenous communities and a forest license holder after the plywood company Samling Group filed a $1.18 million defamation lawsuit against a Sarawak-based green group that has campaigned against the company.

SAVE Rivers, an Indigenous-led civil society group, and four of its leaders are facing a defamation suit from Samling Group alleging the company’s reputation has been maliciously damaged by SAVE Rivers’ online posts.

Speaking on behalf of SAVE Rivers, Simon Siah, partner in Sarawak state law firm Simon Siah, Chua and Chow Advocates, said the group would contest Samling’s claims, but he couldn’t provide more information about the group’s defense before it’s filed publicly.

Siah said his clients would file their defense publicly before Sept. 6, and predicted Samling would likely respond before the case reaches trial.

“Of course, we will definitely challenge this suit,” he said. “We will fight all the way together with SAVE Rivers and all its directors.”

In its lawsuit, Samling took issue with seven articles published by SAVE Rivers between June 2020 and March 2021, which allege the company failed to consult Indigenous communities in and around two concessional forests and had further logged in areas that were part of Indigenous land. The company says SAVE Rivers was acting with malice against its two of its subsidiaries, Samling Plywood (Miri) Sdn Bhd and Samling Plywood (Baramas) Sdn Bhd, which have licenses for logging in the Gerenai and Bakia areas respectively.

Samling Group argued that SAVE Rivers intended to “humiliate, degrade and disparage” its two companies and put them under “baseless, unjustified and unwarranted scrutiny by the world at large” that harmed its business, without detailing specific losses. The company is seeking 5 million ringgit ($1.18 million) in damages.

In its court filing, Samling further said that SAVE Rivers “caused a complaint to be issued on its behalf” to MTCC against the company in May, while Samling was demanding the Indigenous-led organization apologize and take down its stories.

Samling did not respond to questions provided by Mongabay, instead sharing a response to the media from August 13. Within it, the company emphasizes that it has “satisfactorily fulfilled the requisite certification requirements” and says that it made efforts to reach an amicable solution with Peter Kallang, SAVE Rivers’ director, before filing the suit.

The company also says the timing of the suit is not indicative of bad faith on its part. “The date for the filing of the suit was a result of a one-year process undertaken by Samling to find an amicable solution to the issue,” Samling said in a statement. “It was a culmination of our continuous efforts to reach out to SAVE Rivers – efforts that were rebuffed by Mr. Peter Kallang.”

Siti Syaliza Mustapha, senior manager of forest management units for the MTCC, said the council had been trying to organize a mediated conversation between Samling and SAVE Rivers. The council held one meeting between the parties amid on-and-off COVID-19 restrictions, but Samling decided to file its lawsuit on June 21; under Sarawak law, parties must file a defamation suit within one year of an allegation being published, and the first article that Samling contested was posted June 23, 2020.

“It’s really unfortunate we were not able to prevent such matters to escalate to this level, but we understand it’s the right of the company to protect their own interest,” Syaliza Mustapha said.

Samling’s decision to file a lawsuit against SAVE Rivers further forestalled complaints against the company filed with the MTCC by two other NGOs.

In their complaints to the MTCC, Keruan and the Generai Community Rights Action Committee, both Indigenous-led groups, alleged Samling’s method of disclosing impact assessments did not allow for their communities to be properly informed. According to a statement released Aug. 13, the MTCC had sought response to these complaints from Samling as well as from SIRIM QAS International, the auditor responsible for certifying the project. According to the MTCC, SIRIM QAS responded while Samling requested an extension because of the lawsuit.

The MTCC’s dispute resolution committee decided the concerns raised by the two Indigenous organizations were too close to the claims about Samling that are to be argued in the defamation suit, the statement continued.

Keruan CEO Komeok Joe, who received a letter from the MTCC Aug. 7, would not comment on it yet, saying he was working with the organization to write an official response.

In regard to Keruan’s complaint relating to Samling’s Ravenscourt plantation, the MTCC’s Syaliza Mustapha, said the organization couldn’t comment on the company’s operations, in part because of the lawsuit and also because it’s the auditor, rather than the MTCC itself, that can flag issues with a certified plantation’s operations.

However, Syaliza Mustapha noted the organization could address at least one aspect: the mechanism by which Samling disclosed its environmental and social impact assessments to the Indigenous communities.

SIRIM QAS had also flagged this as a “nonconformity” in its assessment, so the MTCC will monitor this issue as auditors reassess Samling’s Ravenscourt and Gerenai forest management units, which will happen later this year barring COVID-19 restrictions, Syaliza Mustapha said.

“Auditors will have to go and check and ask other communities if they feel they were consulted,” she said. “They’re not the only people there, which is why we have to be fair and let the auditors who are doing fieldwork meet all the different people.”

An activist who is part of the #Lawan campaign has been arrested today for investigation under Section 4(1) of the Sedition Act 1948 while giving her statement at the Dang Wangi police.

According to Sekretariat Solidariti Rakyat (SSR) who is organising the protest scheduled for this Saturday, Sarah Irdina Mohamad Ariff, 20, from the youth collective MISI: Solidariti has had her phone confiscated, and a search warrant has been issued to raid her home.

The SSR has previously claimed that the police had also harassed Sarah’s family when calling her into questioning today.

Sarah’s lawyer Goh Cia Yee said that police are planning to detain her overnight at the police station, Malaysiakini reported.

“They have arrested her now with the intention to detain her overnight Her house has not been raided yet and there is no confirmation on when they would like to do so.

“They intend to do so but the timeline of this is uncertain at the moment because they have some paperwork to sort out,” Goh reportedly said.

Section 4(1) handles act with seditious tendency which include uttering seditious words and distributing.

If found guilty, one is liable to a fine not exceeding RM5,000 or prison not more than three years, or both.

In a brief statement on social media, MISI: Solidariti has also demanded the authorities to release Sarah immediately.

“Seeing one of ours be silenced and harassed by the authorities is infuriating. We stand in complete solidarity with Sarah and we demand her immediate release,” it said

It also urged netizens to show solidarity and support to Sarah by using the hashtags #FreeSarah, #ActivistAreNotCriminals and #LawanIntimidasi in their social media posts.

This comes as three other SSR activists — Tharma Pillai, Afiq Adib and Muhammad Alshatri — were also questioned by the police today.

The trio are being investigated under Section 505(b) of the Penal Code which handles “making statements conducive to public mischief” and Section 233(1) of the Communications and Multimedia Act over sharing offensive content.

Today marks the fifth day straight that the police have questioned activists and participants related to the #Lawan protest this Saturday, and a convoy in support of it last weekend.

The protest planned in Dataran Merdeka this Saturday is calling for Prime Minister Tan Sri Muhyiddin Yassin to step down, for Parliament to continue sitting, and automatic loan moratorium for Malaysians.

Civil society organisations working on freedom of expression stand in solidarity with and applaud the organisers of the #Lawan rally for a peaceful and organised protest on 31 July 2021. We condemn the investigation and arrest of protest organisers prior to the event, the authorities’ obstruction of the protest by setting roadblocks and barricades, and the police threats to take action against participants.

Freedom of assembly and expression are fundamental rights, and essential in ensuring government efficacy and accountability. These rights must be protected and upheld, and the pandemic cannot be used as a pretext to prevent people from exercising these important rights.

In recent weeks, Malaysia has experienced a soaring COVID-19 case load, overwhelmed hospitals and many deaths, while livelihoods have been threatened and lost. The government declared an emergency, imposed draconian laws and suspended Parliament. In a functioning democracy, and even during a pandemic, the people must be allowed to demand accountability from the government, including through peaceful protests adopting appropriate public health measures.

Representatives from our organisations, which work to promote freedom of expression in Malaysia, were on the ground during the 31 July 2021 #Lawan protest, scheduled to be held at Dataran Merdeka, to monitor the protest and document any rights violations. The protesters demanded the resignation of Prime Minister Muhyiddin Yassin, a full Parliament sitting, and a moratorium on the repayment of all loans. Protesters highlighted the high death toll from COVID-19 during the protest. The protest ended peacefully around 12.35pm after organisers and the police instructed the crowd to disperse.

Our observers noted that all routes to Dataran Merdeka were cordoned off with barricades and protesters were not allowed to access the square. Protesters therefore improvised, conducting a march on the road near Dataran Merdeka and holding a sit-in protest.

Barring access to a public square constitutes a breach of the right to peaceful assembly. Protest organisers took proactive steps and issued detailed guidelines on COVID-19 SOPs, including requiring protesters to double mask, social distance, not share placards and sanitise their hands. To uphold the fundamental right of peaceful assembly while appreciating the gravity of the current pandemic, the police should have worked with the organisers to facilitate the protest. By barricading access to Dataran Merdeka, the police in fact made it more difficult to comply with COVID-19 SOPs by forcing protesters onto the road.

Our observers also noted excessive police presence in vehicles and on foot, including several armed police officers, the presence of a Black Maria vehicle and a low-flying helicopter. Police officers in uniform and in plain clothes were also taking photographs and videos of protesters. These constitute intimidatory tactics that inhibit protesters’ right to peacefully assemble and, again, serve to obstruct rather than facilitate their peaceful protest. Surveillance of protesters impacts their freedom of expression and may also deter others from exercising this right.

Open dialogue, transparency, and accountability from public authorities are especially important during public health crises. Scrutiny and critique of government approaches to managing the COVID-19 pandemic—whether by journalists, human rights defenders, or others—promote accountability and foster better responses.

Yesterday, police visited the home or office of at least 15 individuals who participated in Saturday’s #Lawan rally in Kuala Lumpur. The #Lawan protesters, who faced police obstruction during their assembly, called for the resignation of Prime Minister Muhyiddin Yassin, a full Parliament sitting, and a moratorium on the repayment of all loans. Despite protesters fully cooperating with police investigating the rally, in recent days police have visited the homes of protest organisers and activists. Among those visited by police are SUARAM Executive Director Sevan Doraisamy, SUARAM Coordinators Muhammad Alshatri and Azura Nasron, Undi18 co-founder Qyira Yusri, and the Malaysia United Democratic Alliance co-founders Amir Abdul Hadi, Dr Thanussha Francis Xavier, and Dr Mathen Nair.

Matthew Bugher, ARTICLE 19’s Head of Asia Programme said:

“The home visits are a blatant and petty attempt by the police to intimidate peaceful protesters and their families. There is no reason to go to protesters’ homes when they have already shown their willingness to cooperate with authorities in their ongoing investigations. In the context of the pandemic and Malaysia’s lockdown, is not only harassment but also an infringement on individuals’ sense of safety and security.”

“The police should stop wasting the protester’s time and their own resources. The home visits are pointless and arbitrary additions to an investigation that should never have been launched.”

“The arbitrary harassment of those who ask for good governance and accountability by authorities is a further stain on Malaysia’s human rights record. The government has a duty to facilitate, not obstruct non-violent gatherings.”

The Government of Malaysia must end its intimidation of artists and human rights defenders and protect the freedom of expression, the Asian Forum for Human Rights and Development (FORUM-ASIA) said in a statement today.

On 2 July 2021, filmmaker Anna Har and cartoonist Amin Landak were questioned over an animated short film titled ‘Chili Powder and Thinner’, produced by the Freedom film Network (FFN), of which Anna Har is co-founder. The film depicts police brutality and torture in police custody in Malaysia.

Shortly after questioning, the police raided the FFN office and the home of Amin Landak,[1] confiscating desktop computers, a router and a laptop from Amin Landak’s house. They had earlier taken possession of Anna Har and Amin Landak’s mobile phones. The police also raided the office of human rights organisation and FORUM-ASIA member Pusat Komas, which shares an office with FFN, and seized a modem and router.

The two are being investigated under Section 500 for defamation; Section 505 (b) of the same code which makes it a criminal offence for ‘whoever makes, publishes or circulates any statement, rumour or report with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility’; and Section 233 of the Communication and Multimedia Act (CMA) for improper use of network facilities or network service.

‘These laws are a part of a slew of repressive legislation frequently used to restrict the freedom of expression and information. These laws have also been increasingly used to intimidate critics and human rights defenders in Malaysia. The investigation of Anna and Amin, along with the police raids on FFN, Pusat Komas and on Amin’s home are clear forms of intimidation and harassment. Amidst a deteriorating civic space in Malaysia occurring at an alarming rate, these actions send a chilling message that anyone seeking to question the police will face reprisals,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA.

Allegations of the use of torture in detention by police are rife in Malaysia. A report by the Human Rights Commission of Malaysia noted that at least 10 percent of detainees interviewed alleged that they had witnessed, heard or been victims of torture or other types of violence.[2]

Human rights organisation and FORUM-ASIA member Suara Rakyat Malaysia (SUARAM), the co-creator of ‘Chili Powder and Thinner’, has documented allegations from detainees who had suffered beatings, sexual assault, solitary confinement and other forms of cruel and inhumane treatment.[3]

Malaysian civil society organisations have also long called on the government to establish an independent commission to investigate cases of police misconduct including abuse and torture in police custody, to no avail.

‘Instead of addressing these grave allegations and taking steps towards holding perpetrators accountable, the government has instead chosen to crack down on defenders and artists who have spoken out. Laws such as the CMA and Sections 500 and 505 of the Penal Code criminalise expression, silence victims and reinforce a culture of impunity where acts such as police brutality remain unpunished,’ said Shamini.

FORUM-ASIA calls for the repeal of repressive legislation, and for the government to end the intimidation of artists and human rights defenders.

‘We condemn the government’s harassment and intimidation against the Freedom Film Network and its artists. We stand in solidarity with them and all human rights defenders who have continued to find ways to raise human rights violations despite an increasingly repressive environment in Malaysia. They amplify the voices of the most vulnerable, and ensure victims of State violations are not forgotten,’ Shamini said.

A timber company operating in Malaysia’s Sarawak state has threatened to take legal action against Penan and Kenyah Indigenous communities that are campaigning against the company’s certified-sustainable production plantations.

For more than a year, the Indigenous communities have been speaking out against Malaysian timber, plantation and construction conglomerate Samling Group and its subsidiaries. They allege the company has encroached on community land, has withheld key documents about the certification process, and failed to obtain free, prior and informed consent of affected communities during the certification process.

Samling has consistently refuted these allegations, saying it has followed all due and lawful processes in its certification process, and has met all document disclosure requirements.

Sarawak-focused environmental justice NGOs Bruno Manser Fund and the Borneo Project call the recent legal threats an attempt to silence the Indigenous communities who have spoken out.

In a letter dated May 26 and seen by Mongabay, Samling subsidiary Syarikat Samling Timber warned the Long Moh village community in Sarawak’s Miri division that it reserved the right to take legal action against parties alleging the company was involved in trespass, damage or destruction. According to Syarikat Samling, such allegations were “astonishing” given that the community is aware the company has the correct permits to operate in the disputed area, and has already accepted payments for a share of the timber harvested.

The threat of legal action comes after the Penan community complained through news articles that Samling, whose subsidiaries operate a certified-sustainable timber plantation in the area, was crossing into an area that was within their demarcated village.

Earlier this month, Penan and Kenyah communities filed complaints with the Malaysia Timber Certification Council, accusing Samling of failing to properly consult the communities and disregarding the way they use the land.

The Borneo Project and Bruno Manser Fund have partnered with grassroots groups like the Penan community NGO Keruan, whose CEO, Komeok Joe, is visiting communities bordering and within the Samling forest management units or FMUs (government-granted concessions that aim to use funds from timber production in parts of a concession to conserve forest in other parts of the concession) to take reports from the communities. The residents around two of Samling’s certified FMUs were nomadic up until the 1970s, Joe said. Now, the remaining untouched forest is vital to their lives.

“They tell me, ‘Even if they offer us millions in money [for the forest], we won’t accept, we want our land,’” he said of the Penan communities. “They want to fight for their rights.”

Samling Group operates three FMUs in Sarawak, in which 60% and 76% of the granted land is designated for timber production. The concessions are certified as sustainable timber producers by Malaysia’s Timber Certification Council, but critics of the program say that Malaysian Borneo’s decentralized governance and history of corruption make sustainable certification programs illusory.

Representatives of the Penan and Kenyah communities in May filed formal letters of complaint to the MTCC over its decision to certify the 117,941-hectare (291,439-acre) Ravenscourt FMU in Sarawak’s Limbang division and the 148,305-hectare (366,470-acre) Gerenai FMU in Miri division.

In their complaints, the communities, represented by grassroots Indigenous NGOs, allege that full environmental and social impact assessments for the timber projects have not been made publicly available; that Samling failed to properly consult them on the project; and that projects don’t consider how Indigenous communities use the land for their livelihoods.

However, filing an actionable complaint about an FMU is difficult, requiring an in-depth understanding of the certification process and its many players.

When asked about the legal warnings against Indigenous communities, Siti Syaliza Mustapha, senior manager of FMUs for the MTCC, called for open dialogue between parties over legal action whenever possible, adding that good communication is key to the certification process.

“We maintain that the best method for dispute resolution would be through open communication, mutual respect and understanding between the concerned parties,” Mustapha said. “Legal proceedings would be the least preferred option.”

According to Mustapha, the timber certification council she represents does not have the ability to grant or revoke FMUs, nor does it have the final say over whether to certify FMUs. Instead, the MTCC responds only to complaints about the standard-setting process.

Complaints regarding the decision to certify specific FMUs should be sent to the certifying body, Mustapha said. Under Sarawak law, these bodies are hired by the company that holds the concession for an FMU to conduct audits of the areas and eventually certify the planned FMU. For the Ravenscourt and Gerenai FMUs, Samling hired the Selangor-based testing, inspection and certification firm SIRIM QAS International.

Mustapha added that the MTCC encourages people to “make full use of the complaints mechanisms,” and that the council could provide assistance. She said the council in general takes complaints very seriously, without clarifying whether the MTCC was looking into this case after receiving the May complaints.

SIRIM QAS International’s audit of the Gerenai FMU says the concession follows the criteria set for forest management bodies, but the audit — conducted in 2019 and published in 2020 — flagged nine major and minor issues with the management. Among the problems, SIRIM QAS found via conversations at Indigenous community meeting houses that residents were not sufficiently consulted, and that most were not aware of a community relations committee that’s supposed to be established for communication on the FMU.

Thorsten Arendt, head of communication for the Programme for the Endorsement of Forest Certification, an international group for sustainable forest certification boards that counts the MTCC among its members, said the body had met with the MTCC, Indigenous communities and NGOs over Samling’s FMUs to discuss the certification process and their concerns. He noted that complaints against a national member like the MTCC could be appealed to the PEFC if it can’t be resolved at the country level, and could result in suspension or termination of PEFC endorsement if upheld.

While the Penan communities near the Ravenscourt FMU were informed about their new corporate neighbor from the village’s government-appointed leaders, Joe, the Penan community NGO leader, said Penan and Kenyah residents near the Gerenai FMU only found out about it after its certification.

Joe said community representatives came to him with a document informing local people of plans for an agricultural development, but when he looked into the case further, he found that it was actually an approval for the Ravenscourt timber production plantation.

“The logging companies and FMU [holders], they don’t do right by the communities. This is why the situation is worldwide,” he said, referring to the global attention raised by campaigns against the company. “It’s very simple to solve this issue if everyone respects the [Penan community’s] area.”

Peter Kallang, chairman of Sarawak-based environment and land rights NGO SAVE Rivers, says it’s clear the company had limited knowledge of the land when an auditor came to check Samling’s documentation of the Gerenai FMU. He says the auditor asked to see one salt lick — a place where animals go to lick salt and other essential minerals in a natural habitat — in Tanjung Tepalit village, but a Kenyah community member had to explain there are actually three salt licks within the village’s area.

“It means to say the [environment impact] assessment was not done correctly, so for the audit process, it puts a big question mark there,” he said.

Kallang also noted that the audit process is diluted by the fact that Samling pays the auditor, calling it a “conflict of interest” that would push the auditor to approve the company’s claims.

Joe, the Keruan CEO, emphasized how important the forest was to the Penan people, of which he is part. The untouched patches of forest in Sarawak are troves for food and medicine for Penan communities, and though many have adopted Christian beliefs, the forest still holds spiritual significance for their communities.

“We treat the forest as ourselves,” he said. “Before we go into the forest, we pray to our elders, so the spirits of the forest will protect us and give us what we want.”

Joe said he was bothered by the company’s claim that Penan people don’t use the forest. He said Samling probably drew this conclusion because the few community consultation meetings it had were held with English-speaking representatives in the city of Miri, but if company officials came to the forested villages, they would see differently.

“If there is a consultation, they need to make it proper,” he said. “Maybe the big boss from Samling or MTCC [should] go to the forest, sit down with the people, talk to the people, explain [their plans] to the people nicely.”

(Bangkok, 24 March 2021) – Attempts to intimidate Malaysian lawyer and human rights defender (HRD) Charles Hector for his work amount to harassment with the ultimate aim of silencing the people he represents, the Asian Forum for Human Rights and Development (FORUM-ASIA) and Front Line Defenders said in a joint statement today.

Human rights lawyer Charles Hector, along with eight defendants he is representing against logging companies, may face contempt charges for seeking clarifications over details contained in a letter sent by the Jerantut Forestry office.

The proceedings to initiate contempt charges are scheduled to take place tomorrow (25 March 2021) at the Kuantan High Court in the Malaysian state of Pahang, following a letter Hector had sent on behalf of his clients to an officer of the Jerantut Forestry office on 17 December 2020. In that letter, Hector sought further explanations on an earlier letter sent by the forestry officer in February 2020.

The plaintiffs behind the contempt proceedings are logging firms Beijing Million Sdn Bhd and Rosah Timber & Trading Sdn Bhd. They claim that Hector’s letter is a violation of a temporary injunction order obtained in November 2020, which, among others, stops the defendants from blocking the plaintiff’s workers from accessing a contested area in the Jerantut Permanent Forest Reserve.

The logging firms were appointed by the General Manager of Yayasan Pahang (Pahang Foundation), the license holder allowed to carry out logging in this forest. Yayasan Pahang is a statutory body of the Pahang State government.

‘The use of legal proceedings to curtail the crucial role of human rights lawyers highlights the continuous risk and intimidation they face in their work, particularly when they defend individuals in cases involving powerful businesses,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA.

The eight defendants represented by Hector are from communities affected by potential logging activities in the Jerantut Permanent Forest Reserve.

In February 2020, the logging firms accused the defendants of preventing their workers and contractors from accessing and carrying their work in the forest reserve, and for allegedly disseminating false information about them. The defendants have denied these allegations.

The defendants, a part of the community who have been protesting logging of the Jerantut Permanent Forest Reserve since 2013, argue that the relevant authorities are still considering their objections and have not yet given permission to commence logging. The defendants, along with their communities, depend on the forest reserve for clean water and their livelihood. They also assert that their protest activities have been legal and peaceful.

‘Apart from intimidating lawyers, these actions by businesses result in disempowering vulnerable communities who depend on the forest reserve for their survival,’ said Shamini.

Malaysia has faced widespread deforestation and forest shrinkage in years. Despite attempts to revise laws to ensure protection for the forests, deforestation and infringement on ancestral lands have continued. Human rights lawyers and environmental defenders fighting against these are increasingly being targeted by corporations.

Charles Hector is a human rights lawyer who has extensive experience defending the right to fundamental freedoms, and the rights of indigenous peoples, migrants and refugees, and workers. He has been instrumental in improving mechanisms for access to lawyers and legal representation for the vulnerable.

‘Targeting a human rights defender like Charles Hector, who defends other human rights defenders, is certainly a strategy to weaken the morale of the community protesting the harmful logging,’ observed Olive Moore, Deputy Executive Director of Front Line Defenders.

In Malaysia, without a legislation to define contempt of court offences and penalties, sentences are arbitrary and can range from fines, prison terms and can lead to the revocation of one’s lawyer certificate.

‘Amidst allegation of collusion between regional state authorities and corporations, the Government of Malaysia must prove that it is able to prioritise the rights of its citizens over the interests of these corporations, and that it is able to protect the human rights lawyers who continue to defend the rights of vulnerable communities,’ said the groups.

Zulkiflee Anwar Alhaque, the famous Malaysian cartoonist better known as Zunar, is again facing prosecution over a cartoon criticizing a politician. Reporters Without Borders (RSF) calls for the withdrawal of the latest complaint against Zunar and for an end to the use of Malaysia’s sedition law to silence those who criticize the authorities.

Zunar is facing a possible three-year jail term in the action brought against him on 25 January by an ally of the prime minister of the northwestern state of Kedah. It was prompted by a cartoon published on Zunar’s Twitter account that morning criticizing the prime minister’s decision to cancel this year’s celebration of Thaipusam, a Hindu religious festival that the Tamil community normally observes on 28 January.

The cartoon shows the prime minister slamming a cleaver (bearing the words “No Thaipusam”) down on a table around which representatives of Malaysia’s various ethnic groups had been seated. A caption above them says: “Kedah’s inhabitants lived in peace until he came.”

The president of the youth wing of the Malaysian Islamic Party, which support’s the state’s prime minster, initiated the defamation proceedings against Zunar with the aim, he said, “of giving a lesson to all those who think everything can be arbitrarily politicized.”

The complaint accuses Zunar of violating the sedition law, which penalizes “a tendency to bring into hatred or contempt or to excite disaffection against any ruler or against any government.” When reached by RSF, Zunar said he feared getting a call or visit from the police at any time.

Symbol

“It is unacceptable for a cartoonist to be prosecuted over nothing more than a cartoon that annoyed someone,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “The right to criticize is the very essence of cartoons. We call on prosecutors to immediately drop these absurd charges against Zunar. Malaysia’s leaders must stop abusing the sedition law to suppress freedom of expression.”

Zunar, who was awarded the Cartooning for Peace Prize in 2016, has become a symbol of press freedom in Malaysia. The authorities have repeatedly used the sedition law against him, resulting in his imprisonment in 2010 and 2015. He was arrested again under the sedition law in 2016 because of cartoons about government corruption. During a sale of his books a few days later, the police arrested him yet again and confiscated material worth more than 20,000 dollars.

Malaysia is ranked 101st out of 180 countries in RSF's 2020 World Press Freedom Index, 22 places higher than in 2019, but could fall again as a result of the more draconian policies now being pursued by the authorities.

Malaysia has deported a Bangladeshi worker who criticized the government's treatment of migrants in a documentary made by broadcaster Al Jazeera, the country's director general of immigration confirmed on Saturday.

Mohammad Rayhan Kabir was deported to Bangladesh late on Friday, Khairul Dzaimee Daud told Reuters. He did not respond to further queries on why Rayhan was deported.

Accompanied by immigration officers, he was seen waving and giving a thumbs-up to reporters at the Kuala Lumpur International Airport on Friday night, state media outlet Bernama reported.

Malaysia arrested 25-year-old Rayhan and blacklisted him from entering the country last month, after Al Jazeera's July 3 documentary on Malaysia's treatment of undocumented foreign workers during the COVID-19 pandemic sparked a backlash in the Southeast Asia nation.

At that time, Qatar-based Al Jazeera said it was disturbing Rayhan had been arrested "for choosing to speak up about some of the experiences of the voiceless and the vulnerable."

Rights groups have accused the government of suppressing media freedom after authorities questioned Al Jazeera's journalists, raided their office, and opened into alleged sedition, defamation and violation of a communications law.

Malaysia arrested hundreds of undocumented foreigners, including children and Rohingya refugees, after the country imposed a lockdown to contain the spread of the new coronavirus.

Malaysian officials said the arrests were necessary to prevent the spread of the virus, which human rights activists have condemned as inhumane.

Activists have also voiced concerns that the nearly 6-month-old administration of Prime Minister Muhyiddin Yassin is stifling dissent amid a series of clampdowns, an accusation the government has denied.

Malaysian police have arrested Mohammad Rayhan Kabir, a young Bangladeshi who spoke in a documentary aired by Al Jazeera.

Malaysian Media quoted Immigration director-general Datuk Khairul Dzaimee Daud who confirmed that the 25-year-old was arrested this evening.

Rayhan Kabir sent a WhatsApp message to this reporter today, saying police are going to arrest him. In the message he said, "I did not commit any crime. I did not lie. I have only talked about discrimination against the migrants. I want the dignity of migrants and my country ensured. I believe all migrants and Bangladesh will stand with me."

Rayhan Kabir's family lives in the Bandar upazila of Narayanganj. His father Shah Alam works in a garment factory. He told The Daily Star, "I just got the news from Malaysia by a Bangladeshi. My son has been protesting against all odds since childhood. But he never did any wrong. After HSC from Tolaram College in 2014, he left for Malaysia and passed his BA there."

Shah Alam said in a choked voice, "Raihan's mother has been sick for the last one month. My son has been arrested for protesting against discrimination and exploitation. I believe my son did not do anything wrong. I want Bangladesh to stand with him."

The investigative documentary titled 'Locked Up in Malaysia's Lockdown' was aired on July 3. It shows that the Malaysian government is discriminating against migrants during the epidemic through the Movement Control Order (MCO).

After that six media workers of Al Jazeera were called to Malaysia Central Police Headquarters on July 10 for questioning.

They are also being investigated for alleged defamation and sedition by Malaysian police.

The Immigration Department of Malaysia also issued a search warrant against Rayhan Kabir who was interviewed in the documentary. The local administration has also issued a summon to seek his personal information. After that his work permit had been canceled.

Boo Su-Lyn, editor-in-chief of health news portal CodeBlue, has been summoned by the police for investigation under the Penal Code following the publication of four articles based on findings from an inquiry into a fatal hospital fire in Johor Baru in 2016. The International Federation of Journalists (IFJ) urges authorities to stop this intimidation and drop their investigation.

In early March 2020, CodeBlue published a series of four articles highlighting the findings of an independent inquiry into a 2016 fire which claimed the lives of six patients. In line with the inquiry�s damning findings, the articles point out that hospital staff were unprepared, that for over a decade the Sultanah Aminah Hospital (HSA) did not have a fire certificate, the hospital�s fire extinguishers were faulty and Medivest Sdn Bhd, which has the operating contract for the hospital, had taken out insufficient insurance cover, The inquiry was conducted by a seven-member committee led by former Court of Appeal Judge Mohd Hishamudin Yunus.

Kuala Lumpur police chief Mazlan Lazim confirmed that Boo is being investigated under Section 203A of the Penal Code which criminalises the disclosure of information. Police questioned her on June 26 at the Putrajaya district police headquarters.

Boo is the second journalist to be questioned by Malaysian police this year in the course of carrying out their duties, over reports deemed critical of the government or its policies. Previously, South China Morning Post correspondent, Tashny Sukumaran was questioned on May 6 in connection with an immigration raid at a Covid-19 red zone where migrant workers live in Kuala Lumpur.

Various human rights organisations and media freedom defenders have raised concerns of persecution of media workers in Malaysia including those investigated under the controversial penal code.

On 2 June 2020, woman human rights defender Sarasvathy Muthu, along with four othermembers from two organisations � National Union of Workers in Hospital Support and AlliedServices and Parti Sosialis Malaysia � were arrested whilst peacefully protesting in support ofcleaners working in state-run hospitals in Ipoh. On 4 June, all five protesters were charged andreleased on bail.Sarasvathy Muthu is a woman labour rights defender who has been at the forefront of human rightsmovements in Malaysia since she was a teenager, by organising unions for oppressed factoryworkers so that they could defend their rights. In the early 1990s she co-founded Alaigal, acommunity based organisation in Perak which focuses on labour rights issues. As part of her workshe has gathered and organised communities across various sectors, including plantation workers,squatters, farmers and workers, educating them on their rights and empowering them to voice theirstruggles.On 2 June 2020, Sarasvathy Muthu and four others, V. Santhiran, L. Danaletchumi, P. Jody and CSubramaniam, gathered on the grounds of the Raja Permaisuri Bainun Hospital to peacefullyprotest the poor working conditions for cleaners in state hospitals. The defenders wanted to drawattention to the lack of sufficient protective equipment for cleaners and the risk of infection,particularly in the context of COVID-19. Muthu and the group of protesters had been peacefullydemonstrating outside the hospital with placards for an hour before they were arrested. On 3 Juneall five defenders were released as the police were unable to obtain a remand order. On 4 June 2020, Sarasvathy Muthu and the four protesters were charged by a Magistrate Court inIpoh with obstructing a public servant and negligence in the spread of an infectious disease(sections 186 and 269 of the Penal Code), and defying the conditional movement control order(Regulation 7 (1) of the Prevention and Control of Infectious Diseases Regulations 2020),implemented in the context of COVID-19. The COVID-19 related charge carries a maximum fine ofRM1,000 or imprisonment for up to six months, or in some cases both. The court granted bail to thefive defenders after the maximum fine was paid for each of them. The next court date is set for 9July 2020.Front Line Defenders condemns the charges against woman human rights defender Sarasvathyand her fellow protestors, which it believes are solely motivated by their peaceful human rightsactivities and exercising of their right to freedom of peaceful assembly and expression.

Malaysian police questioned a reporter for a major regional newspaper on Wednesday over tweets about a migrant roundup as rights groups warned that the new government could be reviving old practices of media suppression.

Tashny Sukumaran, a staff writer for the South China Morning Post, was questioned for two hours at federal police headquarters in Kuala Lumpur, her lawyer said.

She is being investigated for allegedly sharing offensive and menacing content online as well as for intentional insults and provocation to disrupt the public peace, attorney Sin Yew New said.

�The government is harassing Tashny by investigating her for tweets made in the course of her duties as a journalist. This is an assault on press freedom by the government, which is absolutely vital in times of crisis like what we are facing currently,� the lawyer told BenarNews.

Sukumaran declined comment as she emerged from the building with her lawyer. The reporter is being investigated under Malaysia�s Communications and Multimedia Act and Section 504 of its Penal Code, Sin Yew New said.

The Post, a Hong Kong-based newspaper, did not immediately publish a report on the appearance by its reporter at police headquarters or issue a statement on Wednesday.

Her questioning by police occurred three days after the communications minister said the journalist had the right to publish her story.

In his official Twitter feed on May 3, Minister Saifuddin Abdullah said he had directed the Malaysian Communication and Multimedia Commission to not act against Sukumaran.

�I may not like your piece but I will defend your right to write it. Yesterday, (Health Ministry Director General Noor Hisham) has clarified the issue you raised � this is the way to do it. In this example, clarify and explain,� Saifuddin said in response to a tweet by Sukumaran over the investigation into her reporting.

Two days earlier, Sukumaran posted a tweet thread recounting her experiences at the Selangor Mansion area in Kuala Lumpur that was under the enhanced Movement Control Order (MCO) because of a coronavirus cluster identified there. The MCO is the Malaysian government�s name for its coronavirus lockdown.

�This is ridiculous. Hours after the announcement on relaxed measures, the authorities start arresting people left and right (despite) Malaysia not having beaten COVID-19 yet. Now migrant workers, refugees, and other vulnerable groups will go underground and not come forward even if ill,� she wrote.

�I am running out of fingers on which to count the human rights abuses that have transpired in just a few hours.�

A joint operation involving the Royal Malaysia Police, the Immigration Department, the Malaysian Armed Forces and the Ministry of Health was carried out at that site to contain the COVID-19 spread, according to authorities.

Speaking to national news agency Bernama on Saturday, Inspector-General of Police Abdul Hamid Bador said authorities launched the operation to ensure that no undocumented immigrants snuck out from identified areas and spread the disease somewhere else.

Ismail Sabri Yaakob, a senior minister for defense, said those detained were placed in humane conditions where social distancing was being observed.

On Sunday, Sukumaran responded to the communications minister�s tweet.

�I appreciate your gesture, but it doesn�t change the fact that I am still being harassed by the police for doing my job as a reporter,� she tweeted.

�I�m afraid it is not our job to write what the government likes. We write based on observation, interviews, fact,� she wrote.

She also highlighted other challenges faced by reporters, particularly those reporting for foreign media. Those challenges include being excluded from official communication channels such as the Prime Minister�s Office official WhatsApp group.

Ushar Daniele, a journalist working for a Middle East news network, echoed Sukumaran�s concern regarding lack of access.

�We have to rely on statements shared by peers from the local side of the industry,� Ushar told BenarNews.

Saifuddin could not be immediately reached for comment and the prime minister�s office did not respond to BenarNews regarding foreign media restrictions.

Media advocacy

Meanwhile as it marked World Press Freedom Day on Sunday, Malaysian media advocacy group Gerakan Media Merdeka (Geramm) cited Sukumaran�s case as it implored the government to not revive certain legacies of the Barisan Nasional government, which had ruled the country for decades.

�Restrictions against any media outlet from attending press conferences held at the prime minister�s office should not be revisited, even with the current limitation of ensuring adherence to the �social distancing� guidelines,� the statement said.

�Any COVID-19 prevention measures which has and will be taken must not be at the expense of the media�s role as a check-and-balance to the government,� Geramm said.

The Barisan bloc was defeated by the upstart Pakatan Harapan coalition in the 2018 general election on a promise to clean up government. But the Pakatan government collapsed earlier this year. It was replaced by a new ruling coalition headed by Prime Minister Muhyiddin Yassin and that includes the United Malays National Organization, the anchor party of Barisan Nasional.

Human Rights Watch was among groups that denounced the action against Sukumaran.

�The police made a patently absurd decision to call in Tashny Sukumaran for questioning on her news article about the May Day migrant arrests,� Phil Robertson, deputy Asia director for the rights watchdog, said in a news release. �A truly professional police force would have simply dismissed the complaint as having no grounds and told the complainants to go play politics somewhere else.

�Sadly, Malaysia�s government is dragging the country back towards its bad-old human-rights abusing past, when harassing independent journalists doing their job was a regular tactic to seek to contain press freedom.�

The questioning came weeks after Reporters Without Borders praised Malaysia under the Pakatan government for showing great improvement in its treatment of journalists. The country jumped 22 spots to land in 101st place out of 180 countries on the group�s 2020 World Press Freedom Index, released on April 22.

Malaysia outranked Southeast Asian neighbors including Indonesia, 119, the Philippines, 136, Myanmar, 139, Thailand, 140, Cambodia, 144, Brunei, 152, Singapore, 158, Laos, 172, and Vietnam, 175.

Malaysiakini journalist Kow Gah Chie has been targeted in an online hate campaign after publishing a story on the country’s new environment minister and his defence for logging in Kelantan. The International Federation of Journalists (IFJ) joins its affiliate the National Union of Journalists Peninsular Malaysia (NUJM) to urge Facebook to take immediate action to end the harassment of Kow Gah Chie on its platform.

The attacks on the Malaysiakini journalist began on March 12, after publication of a video on KiniTV a day earlier of a doorstop interview with the incoming environment minister, Tuan Ibrahim Tuan Man. In the video, Tuan Ibrahim, who is also the deputy president of Islamist Party PAS, was asked by reporters to respond on the criticisms of logging activities in Kelantan, a state governed by PAS. He went on to say logging was legal because Kelantan had ISO certification and accused opposition politicians for the negative perception of logging in the region.

The online onslaught of hate against Kow accused Malaysiakini of fabricating the story and directed personal and racist posts at Kow calling her a pig, with threats of physical harm. By March 14, the posts were shared more than 2,900 times and garnered more than 2,200 comments.

Malaysiakini reported the posts to Facebook but said no action was taken. Malaysiakini said it had been trying to contact Facebook directly since March 13.

The NUJM said: “The NUJ calls on the government and respective authority to take swift action against those responsible for posting the threats and racist remarks against Kow. Sooner or later more and more such incidences will occur not only against journalists but also between races in Malaysia if it is not curbed immediately.”

The investigation of more than 20 peaceful protesters after they held two demonstrations in Malaysia over the weekend is an alarming sign of the new government’s attitude towards human rights, Amnesty International said today.

Police have summoned at least 20 human rights defenders and political activists to give statements or undergo questioning later today. Among them is lawyer Fadiah Nadwa Fikri, one of the protest organizers. She was already questioned on 3 March and was forced to allow the police access to her Twitter account.

“Police summons in response to peaceful protests are a return to Malaysia’s authoritarian past,” said Nicholas Bequelin, Amnesty International’s Regional Director.

“This new government must not reverse human rights progress achieved over the last two years. These investigations are baseless and must be dropped – Malaysian people in the country must be allowed to come together and demonstrate peacefully.”

Following a week of political confusion, on 29 February the King appointed Muhyiddin Yassin, a former Home Minister, as the country’s new Prime Minister. It followed days of uncertainty after the country’s previous leader, Mahathir Mohamad, resigned from the post after splits emerged within the Pakatan Harapan coalition he headed up.

Yassin was appointed after he received support from the longtime ruling party, UMNO, who were defeated at the polls in 2018. The move sparked outcry from those who considered his appointment to be a denial of the 2018 election results, which saw the reformist Pakatan Harapan bloc coming into office.

An assembly organized via social media to protest against the appointment of Prime Minister Muhyiddin Yassin was held on 29 February 2020 in Dataran Merdeka, Kuala Lumpur. Another demonstration was held in front of a shopping centre in downtown Kuala Lumpur the following day.

Fadiah Nadwa Fikri was initially singled out by the police as the organizer of the protests, before others were called in for questioning. She is currently being investigated under the Sedition Act and Communications and Multimedia Act.

All other activists summoned for questioning are understood to have taken the stage at last weekend’s protests, which is why they are believed to have been targeted by the authorities.

The Sedition Act has long been used to target human rights defenders, political activists and other critics who speak out against those in power in Malaysia. It provides for severe criminal penalties against those found guilty, including up to three years in jail, a heavy fine, or both.

“Malaysia’s new government must urgently reassure the public that it will respect and protect the human rights of all people in Malaysia – including government critics,” said Nicholas Bequelin.

“Changes in government must not stop vital human rights reforms, including the abolition of repressive laws such as the Sedition Act.”

Malaysian authorities have repeatedly used laws such as the Penal Code, the Communications and Multimedia Act (CMA) and the Sedition Act to target peaceful protestors.

The Sedition Act criminalizes a wide array of acts, including those “with a tendency to excite disaffection against any Ruler or government” or to “question any matter” protected by Malaysia’s Constitution. Those found guilty can face three years in jail or be fined up to MYR 5,000 (approximately USD 1,570).

The law does not comply with international human rights law, and violates the rights to freedom of expression and peaceful assembly, which are enshrined in Article 19 and 21 of the Universal Declaration of Human Rights (UDHR), and also guaranteed in the Malaysian Constitution.

Fadiah Nadwa Fikri is being investigated under Section 4(1)(a) of the Sedition Act which defines the offence of attempt to commit seditious acts, and Section 233(1)(a) of the Communications and Multimedia Act which defines the offence of improper use of network facilities in order to harass another person.

Lawyer Fadiah Nadwa Fikri has arrived at Bukit Aman for questioning in connection with her tweet on Saturday's rally.

Accompanied by supporters, she arrived at the federal police headquarters at 11am on Tuesday (March 3).

Fadiah Nadwa Fikri is being investigated for sedition as well as improper use of network facilities in relation to a demonstration last night against an engineered change of government, the police’s Criminal Investigation Department said.

Federal CID chief Datuk Huzir Mohamed confirmed this in a statement to provide updates on police investigations related to a social media post she made about the gathering at Dataran Merdeka here last Saturday.

“The investigation is classified under Section 4(1)(a) of the Sedition Act due to seditious tendencies as well as Section 233 of the Communications and Multimedia Act, which is the improper use of network facilities or services,” he said in a statement. Huzir also disclosed investigations against two individuals over social media content that was deemed to have insulted the Yang di-Pertuan Agong over the appointment of Tan Sri Muhyiddin Yassin as the prime minister.

The two cases, both involving Facebook posts, will also be investigated under the Sedition Act and CMA.

The lawyer is being investigated for her Twitter post in which she urged the people to join the “Turun ke Jalan, Demokrasi Mati (Go to the Streets, Democracy is Dead)” rally on Saturday (Feb 29).

The case is classified under Section 4(1)(a) of the Sedition Act as well as Section 233 of the Communication and Multimedia Act for wrongful use of network services and facilities.

When met outside Bukit Aman, Fadiah said it was not about her but instead it was about Malaysians who are disgusted about what is going on.

“I'm going in with my lawyers, ” she said.

Among others present outside Bukit Aman were Datin Paduka Marina Mahathir and other civil society leaders.

A veteran television journalist has lodged a police report over death threats he received following a segment he produced on a Kuala Terengganu-area tahfiz (religious) school that was allegedly failing to provide its students with basic necessities.

Mohd Ishak Abdillah Ngah’s news report, broadcast on Malaysia’s most widely-watched news network, TV3, accused the school of lacking basic amenities including electricity and water for their primary students in the town of Wakaf Mempelam.

Speaking to national newswire Bernama, Mohd Ishak said that the threats originated on Facebook in relation to a post about the story, but have since escalated to real-world confrontations.

“I was criticized with harsh words and murder threats. Besides that, some people even posted abusive comments that they wanted to smack my face as well as to destroy property,” he told reporters at the Kuala Terengganu district police headquarters.

“At 5:15pm on Jan. 1, I was approached by a man who was dissatisfied with the news reports and claimed that he was the Kawasan Cabang Tiga [area] leader.”

He added that his decision to file the police report was made in order to ensure the safety of himself and his family.

Facebook user Nurul Hana Mamat posted to her social media account, claiming to be a parent of one of the students, and stated that while amenities were lacking at the school, she had been informed of the situation. She added that only one parents complained, sparking the report from TV3.

Following the reports of young students paying to study in amenity-less facilities, Terengganu state’s chief minister, Dr. Ahmad Samsuri Mokhtar, maintained that the school — identified as Sekolah Rendah Islam Darul Iman (SRIDI) Wakaf Mempelam — had indeed experienced a cut in electricity and water, but they had since been restored.

No explanation was offered as to why the students had been studying under the adverse conditions.

On 17 December 2019, human rights defender Sevan Doraisamy was questioned for an hour by the Royal Malaysian Police in relation to a human rights forum organised by his non-governmental organisation, SUARAM. The forum discussed the effects of the “draconian” Security Offences (Special Measures) Act of 2012.

Sevan Doraisamy is part of the Citizen Action Group On Enforced Disappearance (CAGED), a coalition of 48 civil society groups which was formed at the beginning of May 2017 to monitor cases of enforced disappearances and assist the families of missing victims. He is the executive director of Suara Rakat Malaysia (SUARAM), a non-governmental human rights organisation working on enforced disappearances, the right to trial, and freedom of expression. He also acts as the spokesperson for CAGED.

On 17 December 2019, Sevan Doraisamy was called in for questioning by the Bukit Aman’s Classified Criminal Investigation Unit in relation to a public platform co-hosted by SUARAM. The forum which took place on 25 November 2019, discussed the Security Offences (Special Measures) Act of 2012 (SOSMA), with the intention of educating the public about the oppressive aspects of the law. Particular focus was given to the arrest and detention of twelve alleged Liberation Tigers of Tamil Eelam (LTTE) members who were charged under the Act. The human rights defender is could be investigated under Section 505(b) of the Penal Code that deals with statements “that induce the public to commit an offence against the state”. If found guilty, Sevan Doraisamy may be punishable with a fine or imprisonment of up to two years.

This is not the first time that Sevan Doraisamy has been investigated for his human rights work. In his five years at SUARAM, the defender has been called in for questioning on ten separate occasions. In October 2019, he was placed under investigation after assisting in a case where victims alleged that they were wrongfully detained and abused during detention. On 16 May 2017, he, along with two fellow human rights defenders, were summoned by police for questioning over a statement they released, alleging that various abductions perpetrated between November 2016 and February 2017 in Malaysia were enforced disappearances. SUARAM and its employees are constantly called in for investigations pertaining to the several platforms and gatherings they organise to promote human rights. The organisation has now called for an open discussion with the inspector-general of police to prevent further intimidation and harassment of those who work in defence of human rights.

Front Line Defenders condemns the repeated and ongoing judicial harassment of human rights defender Sevan Doraisamy, which it believes is solely motivated by his human rights activities. Front Line Defenders believes he is legitimately exercising his right to freedom of peaceful assembly and expression.

A group of 14 civil society organisations today criticised Kangar police chief Wari Kiew for lodging a police report against Suara Rakyat Malaysia (Suaram) executive director Sevan Doraisamy for defamation.

The group said Wari’s move is a clear sign by the authorities to intimidate human rights defenders who are merely assisting victims of alleged wrongful arrest and torture.

“We call on the Kangar Police Chief to withdraw his report and submit to an investigation by Suhakam to be cleared of any wrongdoing rather than use Strategic Lawsuits against Public Participation (SLAPP) tactics against whistleblowers,” the group said in a joint statement.

The statement, prepared by Centre for Independent Journalism (CIJ) and signed by Bersih 2.0, Society for the Promotion of Human Rights (Proham), Sisters in Islam and Pusat Komas among others said Wari’s action had breached Article 10 of the Federal Constitution which guarantees freedom of speech.

Earlier today, Wari lodged a police report against Sevan for defamation under Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act for organising a press conference yesterday alleging the police had mistakenly arrested a father and son over a kidnapping report involving a 15-year-old.

Sevan brought Pukalanthee Rajoo and his son Linggeswaran to a press conference in which he police arrested the duo on September 21 and held them without bail and failed to provide reason for their arrest until the day after.

According to Bernama, on September 23, three suspects were remanded for alleged attempted kidnapping of a 15-year-old girl in Kampung Tok Kandang, Kangar in Perlis by the Kangar Magistrate’s Court.

The girl had claimed that she was nearly kidnapped by a group of men around 11am when she was alone in the compound of her home.

She said she was approached by three men who stopped in front of her house in a black Perodua Viva car.

The victim then ran to a neighbour’s house to get help, while the suspects fled. All three were arrested a few hours later and subsequently remanded for four days.

After their release on September 26, Wari said police did not find sufficient evidence to link them to the crime and the deputy public prosecutor office did not give further instructions on the case.

Sisters in Islam (SIS) has filed for a judicial review on a gazetted fatwa (edict) in Selangor that declared the Muslim women's rights group as deviating from Islam. SIS executive director Ratna Osman said they only came across the fatwa by chance on Oct 20. "We view with grave concern, the allegations made against us and question the basis of this fatwa," she said during a press conference here Friday 31st October. SIS named the Selangor Fatwa Committee, the Selangor Islamic Religious Council (Mais) and the state government as respondents in the review filed Friday at the Kuala Lumpur High Court. The fatwa titled "Pemikiran Liberalisme dan Pluralisme Agama" declared SIS Forum (Malaysia) as subscribing to liberalism and religious pluralism, and therefore deviating from the teachings of Islam. The fatwa, which was gazetted in July, also allows for any publications deemed liberal and plural to be banned and seized. In addition, it calls for any form of social media that promotes such content to be monitored and restricted by the Malaysian Communications and Multimedia Commissions (MCMC). The outspoken group has been regularly criticised by religious authorities and Islamist non-government organisations for its views on Islam. SIS board director Marina Mahathir questioned the reasoning behind the fatwa and asked why the group was not informed about it in the first place. She also asked the authorities to define the meaning of liberalism and pluralism and spell out what they did was against Islam. "If justice and equality for women is un-Islamic, I don't know where we are going with this," she said. Former minister Datuk Zaid Ibrahim and co-founder of SIS Zainah Anwar are co-appellants in the review application as "concerned Muslims."

On 31 August 2014, 'Malaysiakini' magazine journalist and HRD Susan Loone interviewed Mr. Phee Boon Poh, chairperson of the Penang Voluntary Patrol Unit (PPS), after he was arrested and detained for almost 24 hours. PPS, a group declared illegal by the police for not being registered with the Registrar of Societies, took part in the Merdeka Parade at the Esplanade on 31 August. The interview was published the following day in Bahasa, "Disoal siasat selama 4 jam, dakwa dilayan seperti 'penjenayah'" ('Questioned for four hours, treated like 'criminal') and was considered seditious publication. On 3 September 2014, Loone was contacted by one ASP Jamal to give her statement at 11.30 evening on the article she wrote online. On 4 September 2014, 3:00 in the afternoon she presented herself at the Northeast District Police District headquarters for questioning; and, was arrested thereafter under section 4(1)(c) of the Sedition Act for publishing an article online which the police deemed seditious. OCPD Assistant Comm. Mior Faridalathrasha Wahid had confirmed the arrest. Loone was released on police bail at 11:45pm the same day after almost nine hours of interrogation. The police took her fingerprints and asked her to sign a document putting her under arrest. Her mobile phone was confiscated as part of the investigation. She was asked to report back to the police district headquarters on 3 October 2014. In recent weeks, there has been a surge in individuals who are being investigated under the Act and in the past years, the vague and broad provisions in the Act have been invoked to quell political dissent and critics of the government.

Activist Ali Abd Jalil was today rearrested by police to facilitate sedition investigations shortly after posting bail at the Shah Alam court complex. Police did not specify the reason for Ali's rearrest other than to say he was being sent to Johor to facilitate investigations. Ali's lawyer, New Sin Yew, said there was no need for police to rearrest his client, who had posted RM8,000 bail, if it was for sedition investigations. "If he is being accused of posting seditious messages on Facebook, I do not know why he is being taken to Johor. "He is based here, it is a form of harassment," New said outside the courtroom today. Ali had arrived at the courthouse today at 3pm where, accompanied by New and the police, he posted bail. However, immediately after paying the RM8,000 bail, New told reporters that his client had been rearrested and was being sent to Johor. "Police have not specified why Ali was being sent to Johor when his Facebook comments had been posted in Kuala Lumpur," New said. As he was leaving the court complex, Ali spoke with about 20 activists and supporters who had gathered outside the main entrance. "The people must rise up, the people are the kings," Ali said to cheers and applause. Earlier today, The Malaysian Insider reported that Ali, who had been held at the Sungai Buloh prison on remand after being charged with sedition, had alleged that he was assaulted by a prison official. The incident reportedly occurred on the first night of his detention on September 8. The Malaysian Insider has been made to understand that a police report was lodged by his elder brother at the Taman Tun Dr Ismail police station on Saturday. Ali had earlier informed his family about the beatings when they visited him at the Sungai Buloh prison. He was first brought to the prison on September 8 and claimed that he was beaten by a prison officer who spoke with an east coast accent. The officer allegedly punched, slapped and hit Ali using a baton and a rubber pipe in an empty room. Ali, however, said the beatings did not leave any marks or injuries on the body. He was also not able to tell anyone of this as he was not allowed to meet anyone before Friday, when he met New. Ali, who was charged with sedition on September 8 over his Facebook postings in January, said another warden had threatened to get the other prisoners to beat him up. Ali, who is with the Anything But Umno (ABU) movement, is accused of posting seditious remarks on a Facebook page called "Kapitalis Bangsat" through three separate comments, allegedly belittling the Johor sultanate and calling for it to be abolished. - September 23, 2014.

Activist Ali Abd Jalil, currently in remand at the Sungai Buloh prison after being charged with sedition, has alleged that he was assaulted by a prison official on the first night of his detention on September 8. The Malaysian Insider has been made to understand that a police was lodged by his elder brother at the Taman Tun Dr Ismail police station on Saturday. Ali had earlier informed his family about the beatings when they visited him at the Sungai Buloh prison. He was first brought to the prison on September 8, and claimed that he was beaten by a prison officer who spoke with an east coast accent. The officer allegedly punched, slapped and hit Ali using a baton and a rubber pipe in an empty room. Ali, however, claimed that the beatings did not leave any marks or injuries on his body. He was also not able to tell anyone of this as he was not allowed to meet anyone before Friday, when he met his lawyer. Ali, who was charged with sedition on September 8 over his Facebook postings in January, said that another warden had threatened to get the other prisoners to beat him up. Ali, who is with the Anything But Umno (ABU) movement, is accused of posting seditious remarks on a Facebook page called "Kapitalis Bangsat" through three separate comments, allegedly belittling the Johor Sultanate and calling for it to be abolished. - September 23, 2014.

KUALA LUMPUR: Activist Adam Adli Abd Halim has been jailed a year for uttering seditious words during a talk about free and fair elections. Sessions judge Mat Ghani Abdullah ruled that the defence had failed to raise reasonable doubt in the case against the accused. "His defence was bare denial," said judge Mat Ghani. Adam Adli's lawyer Latheefa Koya pleaded for a fine rather than a jail term, saying her client was currently studying and that jail would hamper his future. It is learnt that Adam, a former Universiti Pendidikan Sultan Idris student, was now studying law at a private college. "At all times, my client has been consistent in his speeches involving a free and fair election. "What he did, any activist would have done," said Latheefa, during mitigation. DPP Mohamad Abazafree Mohd Abbas countered that while Section 4(1)(b) of the Sedition Act 1948 allowed for a fine or jail, a heavier sentence would better suit public interest. The offence carries a maximum RM5,000 fine or up to three years jail, or both. "I urge the court to hand down a deterrent sentence, as the accused's actions could have endangered public harmony and order," said Mohamad Abazafree. Judge Mat Ghani sentenced Adam Adli to 12 months prison Adam Adli claimed trial on May 23, last year to uttering seditious sentences during a talk about the results of 2013's General Elections. He was accused of committing the offence at the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharaja Lela here between 8.55pm and 11.15pm on May 13, last year. The activist had tweeted "guilty" without further explanation, early Friday morning. At about 10.20am, he tweeted again, saying that he had sentenced to 12 months in jail. "Dear friends, thanks for all the support! Will be released in no time," he posted. Source: The Star Online (The Star Malaysia UPDATE: 26/ 06/ 2015 The appeal in the sedition case involving student activist Adam Adli was postponed to August 25 by the High Court here today. "The postponement was due to Azmi Sharom's pending case in the Federal Court," his lawyer Michelle Yesudas said. The case will be mentioned before Judge Kamardin Hashim. Melissa Sasidaran held watching brief on behalf of the Bar Council. Earlier this year law lecturer Professor Azmi Sharom mounted a challenge to the constitutionality of the Sedition Act, 1948. One of the arguments raised by Azmi's lawyer Malik Imtiaz Sarwar was that the act was invalid as it was not enacted by Parliament, but by the pre-independence legislative body known as the Legislative Council. He also argued that the Act was not capable of being modified to bring it into accord with the Federal Constitution and thus became void upon the coming into force of the Constitution. The apex court has yet to rule on the challenge. Adam was convicted last year for questioning the results of the last general election and calling on Malaysians to take to the streets in protest, statements which the trial court found were seditious. He was sentenced to a one-year jail term.

Several anti-Lynas protesters have lodged police reports, alleging that they were beaten up by a group of men in front of the Kuantan district police headquarters. Rosli Omar, 44, said he was awaiting the release of the arrested Himpunan Hijau members in Sunday's protest against the Lynas rare earth refinery, when a group of men suddenly rushed over and started shouting at him. "They called me a stupid Malay and then they hit me in the face. There were 13 of them," he told reporters here on Monday. Another protester Leong Kin Aw, 29, claimed that he was punched and kicked by several men when he tried to help a friend who was also being attacked in the incident 1am incident The anti-Lynas protesters had gathered outside the district police headquarters after 16 people, including Himpunan Hijau leader Wong Tack, were arrested for refusing to disperse from the demonstration site, outside the Lynas rare earth plant in Gebeng on Sunday afternoon. All of those arrested, except for Australian Natalie Lowrey, were released on bail on Monday. Kuantan OCPD Asst Comm Abdul Aziz Salleh said police did attempt to contain the situation when the group of attackers showed up. "We took action immediately when we saw the incident occur. The group ran away after our police personnel came out," he said when contacted. He added that police was now identifying the assailants and were investigating the matter under Section 147 of the Penal Code for rioting. On Lowrey, ACP Abdul Aziz said police would speed up investigations before handing over the case to the deputy public prosecutor. "She is being investigated for participating in an illegal assembly and for abusing her travel permit. We can detain her for 14 days," he said.

An Australian environmental protester, Natalie Lowrey, is still in Malaysian police custody after taking part in a protest to stop a rare earths processing plant in the country's east. Fifteen Malaysian citizens were detained during the demonstration on Sunday, but all have been released on bail and due to report back to police on July 21. Ms Lowrey has not been granted bail and a court date has not been set. An estimated 1,000 people turned up to blockade the entrance of the controversial Lynas rare earths processing plant in Gebeng, Kuantan in a fresh bid to have it shut down. The rally was led by Malaysian movement Himpunan Hijau, who have the backing of the opposition coalition, Pakatan Rakyat. Australian anti-mines campaigner, Tully McIntyre, who's in Kuantan, said Ms Lowrey was arrested around 4pm on Sunday and is being held in Kuantan Police Station. "Natalie is feeling okay, but is extremely concerned about what is happening and unsure of how long she will be detained or how long investigations will take," Ms McIntyre said. "She is currently being housed in a room with 20 other female prisoners and has been unable to sleep on a concrete bench under fluorescent lights with 24/7 camera surveillance." Ms McIntyre said two protesters were hurt in the demonstration. The Lynas plant began operations in January 2013 after delays due to strong opposition from local residents and green groups, who fear radioactive contamination. Ms McIntyre said protesters want the plant closed. "There's massive opposition against the plant. It's been one of the largest environmental movements in Malaysian history and protests will continue," she said. Lynas' two-year operating licence for the plant is due for renewal in September. UPDATE 30/06/2014: Natalie Lowry was released and returned to Australia. UPDATE 8 July 2014: All 15 activists have been charged. Ten were charged under Section 145 of the Penal Code for unlawful assembly (Himpunan Hijau leader Wong Tack, Chong Kong Yuen, Raymond Ng Abdullah, Hew Kuan Yau, Thomas Wang, Ta Weng Seng, Rapar Ahmad, Lee Khai Ming, Tan Chee Hooi and Zamri Zonal). The remaining five (Phua Kia Yaw, Ho Kam Huat, Foong Poh Choo, Wong Chee Wai and Wong Chee Wen) were charged under Section 147, for rioting. Convictions for both charges carry a two-year jail term, a fine, or both. The court also issued two new bail conditions for the 15: they must report to police once a month and are forbidden from discussing the trial on social media.

PETALING JAYA: Indian NGO, Tamilar Progressive Team (TPT) coordinator S Ariventhan was arrested by the police for demonstrating with other human rights defenders in front of the United Nations (UN) office at Bukit Damansara, today. He was however released later after the police recorded his statement. Speaking to FMT, TPT president M A Kalaimughilan said that around 30 members gathered in front of the UN office this morning to have a peaceful demonstration and hand in a memorandum which was eventually accepted by UN Security council officer Davindra Patel. Tamilar Progressive Team is a vocal NGO urging the UN to investigate the genocide involving Sri Lankan Tamilians in 2009. According to Kalaimughilan, during the demonstration his group chanted slogans to bring justice for the Tamils in Sri Lanka when the police interfered, arrested the coordinator and took him to the Jalan Travers police station. The plan to hold a demonstration was mooted yesterday at a gathering attended by around 250 members of the NGO which was held in Kuala Lumpur. Apart from holding the demonstration, the NGO urged UN to form an "Independent Investigation Commission Board' to look into the atrocious genocide done by the Sri Lankan government.

On 31 October 2013, Ms. Nalini Elumalai, Executive Director of the human rights non-governmental organization Suara Rakyat Malaysia (SUARAM), Mr. A. Thevaraj, SUARAM's Coordinator, Mr. Parameiswary Elumalai, activist from the Oppressed Peoples' Movement, as well as seven residents of the Kampung Hakka Mantin village, three grass root activists from the Socialist Party of Malaysia, four State Assembly representatives, and two members of Parliament, were taking part in a peaceful protest against the demolition of the said village, when they were arrested by security forces for "obstructing public servant[s] from carrying out their work", pursuant to Article 186 of Malaysia's Penal Code. It is reported that the 19 protestors, who sought a peaceful negotiation of the situation with police officers, were aggressively manhandled by them. One of the peaceful demonstrators was forcibly pushed to the ground, kicked and slapped by the officers, one of whom sat on him while he was been handcuffed. The remaining demonstrators were tightly handcuffed for more than two hours. The 19 peaceful protestors were taken to a police station and subsequently released on police bail later the same day. They face up to three months' imprisonment, as well as a fine of MYR 1,000 (around USD 315). On the same day, the demolition of the village was temporarily suspended following a stay of execution order issued by the Court of Appeal.

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.

On 30 November 2012, the police visited the premises of SUARAM with a view of informing the organization that an investigation under Section 9 of the Peaceful Assembly Act ("Notification of assembly") had been launched, in relation to an unauthorized peaceful assembly organized by SUARAM at the Companies Commission of Malaysia (CCM) on 18 September 2012. On 5 December 2012, Wong Kar Fai and Sarah Devaraj, staff members of SUARAM, together with Fadiah Nadwa Fikri, Cynthia Gabriel, and K. Arumugam, secretariat members of SUARAM, were issued notices under Section 111 of the Criminal Procedure Code ("Police officer's power to require attendance of witnesses"), in which they were ordered to appear before the Brickfield police station on 7 December with a view to recording statements under Section 112 of the Criminal Procedure Code ("Examination of witnesses by police"). The five individuals requested the postponement of the recording to 7 January 2013. On 7 January 2013, the five individuals went to the Brickfield police station as ordered, but they reportedly remained silent as permitted under Section 112 of the Criminal Procedure Code. UPDATE 28/02/2013: KUALA LUMPUR: The Registrar of Societies (ROS) has stopped all investigations into Suaram. The Attorney-General will also not be taking any action against Suaram in relation to the ROS investigations. Suaram lead counsel Edmund Bon told High Court judge Justice Zaleha Yusof this in chambers Thursday at the outset of their application for leave for a judicial review against the ROS notice dated Oct 5, ordering Suaram lawyer Roger Chan to produce privileged documents under Section 51(1) of the Criminal Procedure Code. Bon said Suaram, which is registered as a company - Suara Inisiatif Sdn Bhd - received letters from the ROS and A-G on Wednesday saying that all investigations had stopped and the case was closed. Senior federal counsel Shamsul Bolhassan confirmed the A-G would not be taking any further action. Bon asked for an adjournment to March 11, saying there were more than 10 orders/notices/summonses that were issued to various individuals who were either related or not related to Suaram. He said they wanted the A-G's Chambers to have the ROS issue a letter stating that they would withdraw or cancel all the orders/notices/summonses. He said that if they did not get the letter, they would proceed with their application for leave in court. Justice Zaleha ordered the respondents, who include the ROS, Home Minister and Inspector-General of Police, to issue the letter and fixed March 11 for case management. Related Stories: ROS probe on Suaram widens to include Tony Pua Lawyer denies giving false information on Suaram Zahid: Up to A-G's Chambers to act against Suaram CCM completing Suaram investigation papers Suaram claims police intimidation ROS probing Suaram over illegal raising of funds

Twelve villagers from Kampung Hakka in Mantin, including Jaringan Rakyat Tertindas (Jerit) and Parti Sosialis Malaysia (PSM) activists, were arrested when they tried to stop two houses from being demolished in the village. Jerit coordinator E Parameiswary said the villagers were just trying to protect the village from being demolished by developers embarking on a new township project. She said the officer in charge of the Mantin police station ordered the villagers to be arrested without giving reasons. Initially, eight villagers, including the activists, were arrested and later four more who went to the police station. Parameiswary said the villagers were being forcefully evicted by the developers although the case was still in the Court of Appeal. Kampung Hakka is a Chinese village whose residents have lived there for five generations. There are 40 families living there. The village, which is on government land, has been sold to Mega Nine developers. However, the case was brought to court by the villagers. After losing the case, they appealed to the Court of Appeal. "The case is still pending at the Court of Appeal but the developers are going ahead with the project. "Two houses have been demolished and compensation was not given. "Right now, we do not know on whose side the police are on. "We are just waiting outside the police station. We are worried we will be arrested if we go in," said Parameiswary. A police officer at the station said the matter was still under investigation. "We are waiting for the investigating officer to interrogate them," said the police officer who declined to be named.

A leading Malaysian rights activist who faces sedition charges at home has said he was denied a visa to enter Australia, raising suggestions Canberra had buckled to pressure from Kuala Lumpur. Haris Ibrahim, a strident campaigner against the Malaysian government now headed by Prime Minister Najib Razak, said he was seeking a meeting with Australian officials for clarification. "I sent a request to meet with the relevant officer at the Australian High Commission with a view to fully explaining the purpose of my intended visit to Australia and to lay to rest any and all concerns they may have," he said in an entry posted on his blog Thursday. Haris was charged with sedition after he suggested, shortly after the long-ruling coalition government retained power in divisive May 5 elections, that Malaysians reject the polls outcome. Haris, who is due to be tried next year, confirmed the visa refusal when contacted by AFP but declined to discuss specifics. "Australia's foreign ministry must justify why Haris was denied a visa and whether it was due to Malaysian pressure," said Malaysian opposition lawmaker Chua Tian Chang, who was also charged in the same sedition case. Najib's government lost the popular vote but retained power thanks to a system that gives more weight in parliament to rural areas where it is strong. The opposition and activists staged protests over the electoral system and accused Najib's administration of vote fraud. The government has denied the charge. An Australian High Commission official in Kuala Lumpur told AFP he had no information on Haris's case. Haris had planned to travel to Australia this week for speaking engagements. The political journal Independent Australia said the move indicates a possible "disturbing" shift on human rights and freedom of expression in Southeast Asia by the new government of Prime Minister Tony Abbott. In February, Australia's then Labor government criticized Malaysia's deportation of independent Senator Nick Xenophon, who said he was kicked out for his advocacy of electoral reform.

Swiss NGO Bruno Manser Fund (BMF) has called on the authorities to stop all intimidation against indigenous leaders following reports that an Orang Asli leader was threatened with arrest over protests against an oil palm plantation on native land in Mulu, Sarawak. BMF cited community reports claiming that Special Branch officers had threatened to arrest Penan leader Ukau Lupong at a meeting between community leaders and local government officials on Feb 14. It said Ukau was one of the organisers of a protest letter by 268 indigenous Penan and Berawan villagers to the authorities over the destruction of their forest land by a local oil palm company. "Bateu Bungan is a Penan village located on the edge of the Unesco-protected Mulu National Park. "The planned oil palm plantation threatens the villagers' livelihoods and is feared to cut off an important wildlife corridor near the Mulu National Park," it said in a statement today, adding that the planned plantation would cover 4,400 hectares. Urging the police to stop all intimidation against the Orang Asli communities, it also called on the Sarawak and federal governments to initiate "meaningful dialogue" with those affected by the Mulu oil palm encroachments.

Activist Fadiah Nadwa Fikri was questioned today by the police in regards to a forum discussing a review of Malaysia's history textbooks held in July. This the second time the police have recorded her statement, the first time being in September, following a police report lodged by an NGO Gerakan Islam Muslimah Malaysia against her regarding the forum. During a media conference held at the Suara Rakyat Malaysia (Suaram) office in Petaling Jaya today, human rights group raised concerns over activists being 'targeted' by the police. Amnesty International Malaysia executive director Shamini Darshni (below) said Amnesty is concerned about the continued harassment Fadiah has been receiving from the authorities and called for a stop to the harassment against activists. "The forum that Fadiah was speaking at a few months ago was an academic discourse. It was to discuss Malaysia's history in a space which should have been provided for to encourage that kind of conversation, debate, and critical thinking into Malaysia's history. "And that is what the freedom of expression is. It is a place for debate to happen. While there can be voices that agree and disagree, the space should have been protected and safe in order for the discourse to happen in the first place," she said. In July, Fadiah was a panelist in a forum in Kuala Lumpur which was hijacked by certain people who were against the discussion which Fadiah said was held in relations to People's History of Malayan Emergency where they commemorated the 70th anniversary of the Malayan Emergency. Fadiah said that she explained to two police officers who visited her at the Suaram office in Petaling Jaya today about the heated argument that broke out between organisers and a group of protesters during the forum. "Some people, whom we did not know, came and started shouting and hurling racist remarks saying that we were trying to advocate communism in Malaysia. "The organisers and speakers managed to calm everyone down and at the end of the forum, one of them apologised. "They said that they accepted our explanation that this is a discourse about history and that we should not make racist remarks. "We had explained that we should actually listen to this part of history, which is important to our country in order to address some of problems that we have, for example, racism and inequality," she said. Suaram project coordinator Mohammad Alshatri said that activists should be given the freedom to express their opinions in public spaces without intimidation from anyone. "In Fadiah's case, when there's an intimidation, the police should investigate thoroughly, not simply target certain individuals who were contributing to the forum itself," he said, adding that Suaram will craft a protection mechanism to be proposed to the government so that activists can express themselves publicly without feeling threatened. Fadiah reiterated that she will continue to speak up as an activist despite receiving intimidation and threats from certain quarters. "The fear is there because I'm human. I fear for the safety of my family too. Some netizens commented that they would kill or rape me. But I think my responsibility is bigger than my fear and I'm going to deal with it," she said. Earlier, in July, she was also questioned twice by police regarding her controversial column she published in a blog Malaysia Muda, as well as on the vigil held in solidarity with her in front of the Brickfields district police headquarters

Suaram executive director Sevan Doraisamy said today he has been called in for questioning tomorrow morning, likely over investigations into fellow activist Fadiah Nadwa Fikri. The human rights activist said when contacted by the Brickfields police district headquarters, the officer speaking to him could not provide further details beyond that. "Earlier in July, when Fadiah was called in for investigation under sedition at the same place over her article on Malaysia Muda, I helped to organise a solidarity event outside the compound. "During the event, I made a speech where I called for the abolition of the Sedition Act 1948, for the government to implement what they had promised, and to ask for a moratorium on the Act's usage. Perhaps that could be why," Sevan told Malay Mail when contacted. Another possibility he has not ruled out is a forum he had helped organise several months ago in Kuala Lumpur, where the Malayan Emergency was discussed. "I have been made to understand the police will also call in Fadiah tomorrow, so I cannot say for certain what the actual reason is," Sevan said. He was earlier notified of being called in on Tuesday, and is set to appear at the Brickfields police district headquarters at 10.30am tomorrow.

MIRI: A group of Iban natives staged a peaceful street demonstration outside the Mukah police station on Tuesday (Oct 30) morning to protest again the arrests of their community elders by the police. The group from Ulu Kelawit Tatau alleged that the police had unjustly detained 11 of their people during a blockade against a private land developer. The villagers had been staging a road blockade at Ulu Kelawit Tatau in order to prevent workers from a private plantation firm from entering land which they say are native customary rights (NCR) forests. The villagers alleged that the private company intends to carry out quarrying and oil palm projects in their land. Two days ago, 11 of the protestors were arrested when police raided the blockade, said Sarawak social activist Peter Kallang. "During the police raid, 11 protestors, made up of 10 men and one woman, were arrested and are being held at the Mukah police station. "The villagers said the police also forcefully dismantled the blockade. "The natives want the police to release all the 11 without delay," said Kallang. Kallang is chairman of environmental group Save Sarawak Rivers.

Well-known activist and social worker, Jolovan Wham has shared that he was stopped for an hour at the Malaysian Immigration yesterday. Sharing in a Facebook post on Thursday, Wham said that he was told by the Malaysian Immigration that he was placed on the Interpol list. When asked by TOC, Wham noted that the officer from the Malaysian Immigration did not know what was the reason for the system to prompt an alarm and the officer had to ask him if he knows whether there is any status with him. Only after checking the status that the officer saw that there was an alert for him, on what the officer refers to as a list from the Interpol. Wham is currently charged by the Attorney General's Chambers for three counts of illegal assembly, three counts of not signing police statements and one count of vandalism for posting two pieces of A4 size paper in a MRT cabin which he later removed. Given that Wham was let off by the Malaysian authorities to enter Malaysia, the alert is likely to originate from the Singapore government. However, this starts to make no sense when one notes that Wham is allowed to travel out of the country by the Singapore immigration. Wham commented on his Facebook post, "Who knew free speech and assembly was such a big crime?"

Pictures of lesbian, gay, bisexual and transgender (LGBT) activists Nisha Ayub and Pang Khee Teik posing with the Malaysian flag have been taken down from a photography exhibition at the George Town Festival (GTF) 2018 on "instruction". Datuk Vinod Sekhar, who is a sponsor for the Stripes and Strokes exhibition by photographer Mooreyameen Mohamad in the Penang capital, said he would not have expected this to happen even during the previous Barisan Nasional (BN) administration, much less in the "New Malaysia" under Pakatan Harapan (PH). "Since when did we discriminate against ordinary Malaysians reflecting on their patriotism?" Vinod told Malay Mail yesterday. "For it to happen in Penang is even more ridiculous," he said, as he described Nisha and Pang as inspirational "people of courage" who should be applauded. "This is something that all Malaysians should fight. The moment we give in to narrow-minded insular ignorant hate mongers, then where do we draw the line?" Photographs of trans rights activist Nisha and gay rights activist Pang were part of a set of portraits of citizens posing with the Malaysian flag by Mooreyameen, including veteran DAP leader Lim Kit Siang and other civil rights leaders like Datuk Ambiga Sreenevasan and Siti Kasim. Mooreyameen's photography exhibition is running throughout GTF 2018, a month-long arts and culture festival in George Town from August 4 to September 2. According to the GTF website, the photographs were first shot and exhibited last year to commemorate the 60th anniversary of Malaysia's independence. This year's GTF is exhibiting 20 portraits from the collection. Nisha posted on Facebook Monday her portrait for the Stripes and Strokes exhibition and said people were trying to use her picture, as well as those of Pang and Siti, against the PH government. The caption for Nisha's portrait at the exhibition noted that she was the first transgender woman to receive the International Women of Courage Award in 2016 and described her as a soft-spoken, strong and tenacious person. "I have got so many hate messages, comments and even posting. They called me all kind of degrading names, there were lots of vulgarity, they tried to body shame me, make fun of my name even to the extent of asking me die. There were even some of them asking people to RAPE and Sexually torture me to teach me a lesson," Nisha wrote. "Most of the comments are from people who call themselves Muslim but the way they comment does not portray the kindness and loving image of the religion." Pang wrote on Facebook last Sunday that a Facebook page - which posted the exhibition portraits of him, Nisha and Siti - had received over 1,000 comments that were mostly homophobic, transphobic and misogynist, including a threat to shoot him. "But what concerns me most is that I wish it was a better photo of me and not my resting bitch face. At least my rainbow is erect," he said. The caption for Pang's portrait described him as "the gay icon for Malaysia" who put LGBTQ on the agenda and deserved more recognition for his "courageous voice". Siti, whose portrait caption called her a "superhero", told Malay Mail she was surprised her photograph was not taken down too. "The problem here is that it seems like our government, whether federal or state - they are succumbing to this pressure from the Islamists," said the lawyer and activist who champions the rights of the Orang Asli and LGBT. "What the hell is going on? Have we voted a much worse government than before?" GTF organiser Joe Sidek confirmed that he was asked to remove Pang's and Nisha's portraits from the Stripes and Strokes exhibition, but declined to comment further. Vinod praised Joe's work in building up GTF since its inception in 2010. "Under Joe Sidek, GTF has taken the arts to new heights and really established Penang and Malaysia as an Asian arts centre. And all credit for what GTF has become today is his. "That's why it's terribly wrong and unfair at the basic level of decency to do this to not just the two individuals involved and Yameen, but to Joe," he said. Sinar Online reported yesterday Nibong Tebal Umno Youth chief Mohd Norhiesam Ismail as saying that the portraits of Nisha, Pang and Siti at the GTF exhibition showed the Penang state government's insensitivity towards Muslims. "The three of them have been made icons in the exhibition and in fact, their biodata clearly state that they are LGBT activists, unacceptable people who go against the culture and religion of this country," he told the Malay news outlet.

Police are investigating activist Fadiah Nadwa Fikri again, this time for allegedly breaking public assembly rules over a gathering supporting her when she was questioned over an online article. Fadiah, who is also a lawyer, said the police investigation will be conducted under a provision in a law on public assemblies and rallies, where the organiser of an assembly has to give a 10-day advance notice to the district police chief. "I've been called in again for questioning under section 9(1) of the Peaceful Assembly Act. "This investigation is in relation to the solidarity gathering that took place yesterday in front of the Brickfields police station. Malaysia Baru?" she tweeted today, referring to the "New Malaysia" phrase used to describe the country after a shift in federal power from Barisan Nasional (BN) to Pakatan Harapan (PH). Under the Peaceful Assembly Act 2012's Section 9(5), those convicted of breaching the Section 9(1) requirement for a 10-day notice can be punished with a maximum RM10,000 fine. Yesterday, Fadiah was questioned at the Brickfields district police headquarters under the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998; the latter criminalises the uploading of offensive content online. She had announced two days ago that she was called in for questioning. Fadiah said she was called in for investigations yesterday after a student lodged a police report over her article. Fadiah was referring to a contentious article titled "Don't Kiss the Hands That Beat You", which was published last Monday on www.malaysiamuda.wordpress.com and was seen as being critical of the position of the royal institution. More than 30 activists reportedly turned up yesterday at the police station to show their support for Fadiah.

LAWYER and activist Siti Kasim has been arrested for allegedly kidnapping her own client and obstructing a government servant from carrying out his duties. Selangor CID chief assistant commissioner Fadzil Ahmat confirmed Siti and her client Anis Izatty Ruslan were both arrested and taken to the Kajang police headquarters yesterday night. It is learnt Siti will be taken to the Semenyih lockup for remand later today. A video clip shared on Facebook by Suri Kempe, the programme manager at Muslim rights group Musawah, showed a police officer informing Siti she was under arrest for the abduction of Anis from a hospital, where she was being treated, under Section 186 of the Penal Code. In the video, Siti tells another person Anis' mother had lodged a police report claiming her daughter was mentally unstable and had been abducted by Siti from hospital. "The police are arresting me because they are following procedure. They know about this story that Anis was abused by her mother and I was trying to save the girl. The girl willingly followed me," Siti said to the friend. Anis is seen in the same video saying she was not kidnapped "She did not kidnap me. It is a lie," Anis said. Siti, who appeared upset, said she will sue the police for damaging her house. She said police acted excessively as they could have called her and asked her to bring Anis to the police station for questioning. Two women who said they were Anis' aunts also appear in the video, where they thank Siti for helping to rescue Anis from her mother. Meanwhile, Fadzil said police were investigating the case's many aspects, in response to questions on the kidnapping allegation. He declined to further comment

A protester has been arrested outside the Parliament complex today while urging Prime Minister Najib Abdul Razak to deliver his promise to provide housing for residents of the Jinjang Utara longhouses Zone A, B, C, and D. At the time, the protesters had already handed their memorandum to Deputy Prime Minister Ahmad Zahid Hamidi's special officer Norzihan Tambi and its leader Mikael Iskhandaar was addressing the media at the Parliament's gate. The police told Mikhael to leave. However, he defiantly refused to do so and told the police not to disturb him. After giving him three warnings, the police pinned him to the ground and cuffed him. Mikhael, 40, is the chairperson of the action committee lobbying on the Jinjang Utara longhouse issue, and also vice-chief coordinator of the NGO Jingga 13. He claimed that his mother's house is among those affected by the issue. Since about 8.45am, he and a group of about 25 protesters had been outside Parliament to protest and to demand to hand over a letter pleading for Najib's intervention. "Najib promised to provide affordable housing to 1,000 residents of the Jinjang Utara. Unfortunately, the Kuala Lumpur City Hall (DBKL) had not done so. Thus, we have come ourselves to claim the prime minister's promise," read the opening of the letter. The protesters demanded to be allowed to deliver the letter en masse to the prime minister or his officers but were told that neither was present in Parliament. They were further informed that the police would allow only five representatives to reach the Parliament's gate. The group eventually agreed to the condition and conceded to deliver the letter to Zahid's special officer (photo), so that it may be forwarded to the prime minister. Mikhael told reporters that the protest is a last resort, after numerous fruitless trips to the DBKL headquarters. He said the longhouses were built in 1992 as a temporary housing area for squatters who used to live next to railroad tracks around Kuala Lumpur, in places such as Segambut, Segambut Dalam, Kepong, Jalan Ipoh, and Jalan Pudu. There are people who were resettled there following disasters such as floods and fires too, he added. Mikhael said DBKL had promised at the time to provide housing as compensation within three to five years, and the residents were disappointed to learn in 2010 that they were merely offered to buy affordable housing, rather than being given affordable housing as compensation. Meanwhile, Batu MP Chua Tian Chang, who came to meet the protesters, urged the government to resolve the issue. Although Jinjang Utara is located in the Kepong parliamentary constituency, Chua said he has visited the area since it is on the border with his constituency, and the conditions there are like a refugee camp. He said these longhouses are intended as temporary housing for squatters who have agreed to DBKL resettlement proposal, pending permanent resettlement. However, he said those who have opposed resettlement have already received their compensation in court, while about half of those who accepted DBKL's offer still in a limbo.

PETALING JAYA: Police today visited the office of electoral watchdog Bersih 2.0 to record statements from four individuals who allegedly organised the demonstration outside Parliament two days ago. Bersih executive director Yap Swee Seng however said they would only go to have their statements recorded with the presence of their lawyers. "We will go to have our statements recorded, but we have to check with our lawyers on when they are available to accompany us. "The police cannot surprise us like this as they did not serve us a notice under Section 111 of the Criminal Procedure Code," he told reporters after the two policemen from the Dang Wangi police station had left the office. According to Yap, he is one of the four individuals wanted by the police to facilitate investigations under Section 9(5) of the Peaceful Assembly Act for allegedly organising a rally without a 10-day notice. The three others are Bersih acting chairman Shahrul Aman Mohd Shaari, secretariat member Mandeep Singh and Suaram project coordinator Amir Abd Hadi. Yap said the police left the office by 11am after taking down his particulars. He did not say when they would go to the police station. Officers from the Dang Wangi station also visited Suaram's office, looking for Amir. However, Suaram project coordinator Dobby Chew informed them that Amir was not there. On Wednesday, Dang Wangi district police chief ACP Shaharuddin Abdullah said they had identified the organisers of the demonstration and would be calling them in to record their statements. Between 200 and 300 people were estimated to have joined the protest against the Election Commission's (EC) redelineation report. The new electoral boundaries were passed in the Dewan Rakyat that same day, with 129 MPs supporting the motion and 80 against it. The report was gazetted by the king the following day

KUALA LUMPUR, March 10 - Several participants of a rally today in conjunction with the International Women's Day this week, were allegedly harassed by a group of men after the march had wound down. Women's March Malaysia committee member Yubanesan Balan told Malay Mail that among others their placards were snatched near the Dang Wangi police station here by men who threatened that they would lodge a police report against them and the march. "Mind you the placards were not displayed by the group of women and were simply held. We were also disheartened to hear the incident took place near the police station and yet there was no immediate response from the police on the matter," Yubanesan said. "Thankfully no one was hurt but this incident is a reflection of the level of discrimination and injustice that woman in our country have to face on a daily basis. "We detest such attitude and violence against women but this will not hamper our work to voice out against gender discrimination,'' he added. Earlier today, hundreds of Malaysians, most of them women, took to the streets of Kuala Lumpur to march from the Sogo shopping mall to Tugu Takraw at the Jamek Mosque, aiming to reclaim women's space in the public. There were five demands of the march today: To eliminate gender discrimination, destroy rape culture and sexual violence, strengthen rights for political space and democracy for all, strive for equal opportunities and wages, and stop destruction of the environment. But even after the march was over, several participants continued to be harassed on social media, especially those who shared photos documenting their participation with the hashtag #WomensMarchMY. Several civil society groups such as the All Women's Action Society Malaysia (AWAM) and Justice for Sisters have documented the abuse on their Twitter accounts, which ranged from fatshaming, transphobic comments, to threats of violence. "Take care, check in on each other, block and report liberally. Log off if you need to," AWAM advised on its Twitter account.

PETALING JAYA: Vocal supporters of #UndiRosak became the target of hate in cyberspace soon after the controversial campaign gained traction among disillusioned voters. For 26-year-old Maryam Lee, sleepless nights followed after she spoke at a forum on the campaign two weeks ago. Sexist remarks such as "whore", "slut" and other name-calling were just the tip of the iceberg for Maryam, who even received death threats on social media. "I will find you and cut you into half," read a message sent by an unknown Facebook user. "There are even sexually explicit pictures. My face was superimposed on porn stars," Maryam told The Star. Maryam, a programme manager for interfaith dialogue outfit Projek Dialog, said she has been forced to take extra precautions whenever she goes out in public. "My movements are now limited. I don't go anywhere public if it's not necessary. I only go to work and I meet people in safe places. But I'm not afraid for my life yet," she said. Aside from attacks by keyboard warriors, Maryam has also been targeted by other activists. "These are professionals with large followings. So, it got me really curious because these are supposedly educated people and still, they could stoop this low. "One even said I should go for mental therapy and I thought that was really mean. "How can she assume there's something wrong with me mentally?" Maryam said. While other #UndiRosak activists have also been attacked, Maryam said she bore the brunt of it because she is female, young and single. "It's like bullying a child. I find it heartbreaking and depressing. "But I can't let it get in the way of my work. Otherwise, how am I supposed to make a living? "Like it or not, I still have to keep on going," she added. The Star also met with Hafidz Baharom, a political columnist and a vocal supporter of #UndiRosak. Some of the nasty remarks he has received include "Who's that big fat guy in the big T-shirt?" and "I'm going to kill both your parents in front of you and make you watch". This happened soon after Parti Pribumi Bersatu Malaysia supreme council member Tariq Ismail created the hashtag #OtakRosak (brain damage) in a strongly-worded Facebook posting in response to the #UndiRosak movement. "He (Tariq) has since apologised and I've accepted it. But the damage has been done," Hafidz said. "Unfortunately, the attacks haven't stopped. It's still going around,". Hafidz, however, was unfazed by the threats and insults, dismissing them as just words by "loudmouths on Twitter". "I don't see it as a credible threat so I'm fine. It's just lots of name-calling and fake Facebook pictures. "I don't take it personally and I just laugh it off," he said. Hafidz said amateur political commentators should not resort to cyberbullying to justify their views. "Instead, we should discuss it rationally and I think this is something Pakatan (Harapan) supporters don't understand," he added.

Human rights NGO Suaram has called for the authorities to state the reason for the arrest of social activist Sarajun Hoda at his residence this evening. Its executive director Sevan Doraisamy said Sarajun was arrested and taken to the Dang Wangi police station where he would probably be held until tomorrow morning for remand. "He should be allowed immediate access to a lawyer. We are trying to get more information (on the arrest)," he told FMT. Sarajun had sent a message to Sevan at 7.15pm to inform about police having arrived at his home. "Police in my house now. ASP Khairol arresting me now. Sec 298 Penal Code and 233 Multimedia Act. They are taking me to IPD Dang Wangi. Please tweet," he said. Sarajun, a member of civil rights NGO Aliran, is also a former executive council member of the organisation. The message was then posted by activist Thomas Fann, who is with the Citizen Action Group on Enforced Disappearance (CAGED), on Sarajun's Facebook wall. Meanwhile, Bersih 2.0 secretariat member Mandeep Singh told FMT that Sarajun was likely held for a posting on Facebook, adding that they were not informed about the details and the date of the posting. Section 298 of the Penal Code makes it illegal to utter words that could hurt the religious feelings of another person, and Section 233 of the Communications and Multimedia Act states it is an offence to use network services to transmit any communication that is deemed offensive. If convicted under Section 298, Sarajun faces imprisonment for a maximum period of a year or fine, or both. If found guilty under Section 233, a person could be fined up to RM50,000 or be given a maximum jail term of one year, or both. Update 30 January 2018: Social activist Sarajun Hoda was freed by police early this morning, a few hours after being detained and taken to the Dang Wangi district police headquarters (IPD) last night. This was a surprise turn of events following his arrest at his house at 7.15pm. Human rights NGO Suaram's executive director Sevan Doraisamy told FMT last night that Sarajun had been arrested and taken to Dang Wangi IPD, and would probably be held until Tuesday morning for remand. However, he was released just past midnight, with his Facebook page featuring a posting of him outside the police station with friends and supporters. The timestamp read 12.22am. There was no reason given as to why he was released. Many social activists, NGOs and opposition politicians were seen outside the police station, based on photos posted on his Facebook page. Among them were human rights lawyers Siti Kasim and Ambiga Sreenevasan, as well as DAP's Klang MP Charles Santiago. Siti Kasim had earlier posted on Facebook that she was at Dang Wangi IPD and that Sarajun had been "detained under Section 298 of the Penal Code and Section 233 of the Communications and Multimedia Act". "At first police refused to allow any lawyer to see him but when reminded that any person arrested has the right to see a lawyer under S28(a) CPC, they relented," she said. Sarajun had sent a message to Sevan at 7.15pm to tell him that police were at his home. "Police in my house now. ASP Khairol arresting me now. Sec 298 Penal Code and 233 Multimedia Act. They are taking me to IPD Dang Wangi. Please tweet," he said. Sarajun, a member of civil rights NGO Aliran, is also a former executive council member of the organisation. That message was posted on Sarajun's Facebook wall by activist Thomas Fann, who is with the Citizen Action Group on Enforced Disappearance (CAGED). Section 298 of the Penal Code makes it illegal to utter words that could hurt the religious feelings of another person, and Section 233 of the Communications and Multimedia Act states it is an offence to use network services to transmit any communication that is deemed offensive. If convicted under Section 298, Sarajun faces imprisonment for a maximum period of a year, or fine, or both. If found guilty under Section 233, a person could be fined up to RM50,000 or be given a maximum jail term of one year, or both.

The chairperson of the Philippines Human Rights Commission (CHR) Jose Luis Martin C Gascon was denied entry by Malaysian authorities for about six hours. Gascon, a well-known Filipino human rights activist, had arrived in Malaysia this evening. He is scheduled to address a conference on the state of democracy in Southeast Asia on Sunday. The circumstances of his troubles with the immigration department was uncertain. He did not experience such complications during his visit to Kuala Lumpur last October. According to Human Rights Commission (Suhakam) member Jerald Joseph, Gascon touched down at KLIA at 5.30pm and spent his time in the transit area. "We are disappointed that he was initially denied entry. We are will try to gather more information on the situation," Joseph said when contacted. The conference, titled "Democracy in Southeast Asia: Achievements, Challenges and the Road Ahead," is organised by the Suhakam and the Kofi Annan Foundation. According to the conference agenda, Gascon was listed as a panelist for the session titled "Key role of CSOs in ensuring respect for political rights including elections." Other speakers at the session at Integrity Institute Malaysia president Anis Yusal Yusoff and Bersih 2.0 deputy chairperson Shahrul Aman Mohd Saari. The session will be moderated by Myanmar's Center for Diversity and National Harmony head Kyaw Yin Hlaing. The conference will host regional big regional names, such as former Asean secretary-general Surin Pitsuwan, Gusdurian Network Indonesia founder Alissa Wahid, Indonesian Election Commission head Hasyim Asy'ari, and former UN under-secretary-general Noeleen Heyzer, among others. It will be launched by former Indonesian president Susilo Bambang Yudhoyono while former Belgium president Yves Leterme will also be delivering opening remarks. The two-day conference will begin tomorrow and will be held in Kuala Lumpur.

Prominent lawyer and activist Siti Zabedah Kasim, better known as Siti Kasim, today lodged a police report against a man for calling on Muslims to behead her. According to the New Straits Times, the first threat was posted online on July 3. The man had attached an article quoting her stand on the lesbian, gay, bisexual and transgender (LGBT) community, as reported by an online portal but which she claimed had misquoted her. On July 19, the same man wrote another post, attaching yet another article from the same online portal, stating that Siti Kasim had allegedly said, "Not to follow Arabic Islam, but follow the real Islam". Siti said among the responses on the website were calls to behead, rape and splash acid on her face. She said she decided to lodge a police report at the Sentul police station this morning as she feared for her personal safety and that of her family. She told the portal: "Clearly these people are planning something. "If the police do not do anything, then my blood is going to be on the police's hands." She did not reveal the identity of the website so as not to hinder police investigations, the portal said. Siti Kasim has been speaking out against religious extremists harassing the LGBT community and defending Orang Asli, who are trying to stop companies from carrying out logging activities in their traditional forests.

Suara Rakyat Malaysia (SUARAM), a Civil Society Organisation in Malaysia in a press communique condemns the detention of Adilur Rahman Khan, Secretary of Odhikar, a human rights NGO based in Bangladesh. According to the Press Communique issued by Sevan Doraisamy, Executive Director, SUARAM, "Adilur was detained by Malaysian Immigration at KL International Airport at about 4AM, 20 July 2017. As of 10AM reasons for his detention is not given by the immigration and SUARAM was informed that he has been moved to immigration lock-up." SUARAM calls for his immediate release and demand that the Immigration Department of Malaysia to stop its persistent harassment against human rights defenders visiting Malaysia. UPDATE: On 23 July 2017, the HRD has claimed that he saw several other travellers from his country being detained under trying conditions despite possessing proper documents. he was forced to fork out US$100 (RM429) to get food while in detention at the Kuala Lumpur International Airport (KLIA) during the ordeal.

Siti Kasim filed an application against the Federal Territories Islamic Religious Department in order to compel the group to name the officers who raided a transgender event without a warrant on 3 April 2016, arresting the defender, along with the event's organiser. The event, a fundraising dinner and beauty pageant for transgender women, was raided on grounds that it violated a fatwa against beauty contests. On 13 June 2017, she was informed that she would be charged for "obstructing a public servant" during a raid which was carried out by the Federal Territories Islamic Religious Department (Jawi) in Kuala Lumpur on 3 April 2016 on an event hosted by transgender women. She was notified of the charge just a few hours after the High Court compelled Jawi, Malaysia's religious police, to provide Siti Kasim with the names of the officers who were in charge of the raid following an application she filed for the purpose of proceeding with a civil lawsuit.

Citizen Action Group on Enforced Disappearances (CAGED), was established on 5 May 2017. SUARAM holds the Secretariat of CAGED. Since its foundation, CAGED has issued statements and helped hold candle-light vigils to commemorate the disappeared across Malaysia. CAGED has issued statements calling on the Government of Malaysia to address the enforced disappearances of Amri Che Mat, Pastor Joshua Hilmy and his wife Ruth Sitepu, and Pastor Raymond Koh. In direct response to this, the Inspector-General of Police, Khalid Abu Bakar tweeted that the allegations were shocking, and called for the involved non-governmental organisations to be summoned for questioning. The police said "This is a serious allegation and we will not allow them to take this opportunity to make baseless accusations. (...) Don't try to 'spin' the situation by making it seem as though the authorities are involved". On 24 May 2017, Executive Director of SUARAM, Sevan Doraisamy, CAGED spokesperson, Thomas Fann, and Rama Ramanathan from Bersih 2.0 were summoned to clarify their claims that the cases were enforced disappearances under Section 505(B) of the Penal Code. The three HRDs have also been investigated under Section 504 of the Penal Code, which deals with intentional insult to provoke a breach of the peace and carries a penalty of two years imprisonment and a fine. The three, were summoned as witnesses, refused to answer many of the questions put to them, and instead responded they would only answer the questions in court. FORUM-ASIA firstly calls on the Government of Malaysia to cease the harassment of Sevan Doraisamy, Thomas Fann, and Rama Ramanathan, and all others involved with CAGED. Instead, the Government should prioritise the investigations into the disappearances of Amri Che Mat, Pastor Joshua Hilmy and his wife Ruth Sitepu, and Pastor Raymond Koh, and recognise these as enforced disappearance. Finally, the Government should immediately ratify the ICPPED without any further delay, and fulfil all obligations that come with it.

Police have summoned three members of the Bersih 2.0 secretariat to be questioned over their roles in organising two gatherings last year. Manager Mandeep Singh, Chan Tsu Chong and Zoe Randhawa were told to present themselves to have their statements taken at 10am on May 15 at the Dang Wangi police station in Kuala Lumpur, according to the police letter dated today. The letter was signed by Inspector Tengku Fakhruzzaman Tengku Yusoff. The trio will have their statements taken over the "Free Maria" vigil and "Repeal Sosma" gatherings on November 21, 2016 at Dataran Merdeka, in line with the Section 9(5) Peaceful Assembly Act 2012. Bersih 2.0 organised those gatherings after their leader Maria Chin Abdullah was detained under Sosma over last year's Bersih rally. She was released 10 days later, a day before her habeas corpus hearing to challenge her detention.

PETALING JAYA: A former city councillor is feared to have gone missing after he posted an update on his Facebook page about a strange encounter with an unnamed man more than a week ago. Peter Chong (pic), who served as a personal assistant to Subang MP R. Sivarasa for a few years until 2015, has been reportedly missing for several days. He was also a former Petaling Jaya City Council (MBPJ) councillor. It is learnt that his family lodged a police report on his disappearance Saturday. When contacted, Dang Wangi OCPD Asst Comm Mohd Sukri Kaman confirmed that police received a report on Chong's disappearance. News of his disappearance was widely spread on social media as Chong had posted a "strange" Facebook status on March 31, less than two weeks before his disappearance. "Strange experience this morning. I was walking for my breakfast at my usual warung. A young motorcyclist rode up, and asked if I live around the area, I asked him back, why?" the social activist wrote. "He said he recognised me, that I like to go for protests and candlelight vigils. I asked where is he from? I was a little worried and looked around but there were no one else around," he said. "He said he sokong (supports) what I do. He said tapi "mahu hati-hati".. sekarang banyak orang tiba-tiba hilang. Mereka semua tahu mana orang tinggal. (You should be careful. Nowadays, there are many cases of people going missing. They know where people live)," he said. "I asked, mereka itu siapa (who are they)? He just said, pandai-pandai la...(just be smart) ....take care boss.. and rode away. Now, is this strange?" he wrote. Chong said that the stranger's words were "advisory" as such with no clear element of "ugutan" (threat). "I cannot see any reason to make a report except for record purposes. Have checked with police friends who rightly says it's my right to report for record but do not expect any action to be taken unless there is a string of similar reports from others," he said. From information on his Facebook page, Chong had attended prayer gatherings for pastor Raymond Koh who has been missing for nearly two months. The 62-year-old Koh was abducted on Feb 13 at Jalan SS4B/10, Petaling Jaya. He left his house around 10am and was driving to a friend's house in Kelana Jaya. CCTV footage believed to be of the incident has surfaced, showing at least 15 men and three black SUVs involved in the abduction. A part-time Uber driver has since been arrested and charged with extorting RM30,000 from the missing pastor's son to secure his father's release. Investigations into the case of Koh indicate that his abduction may have been connected to his attempt to spread Christianity in northern Malaysia. It is learnt that a police report was lodged by a few individuals alleging that Koh and two others went to Kangar, Perlis, on Jan 19 and Jan 20 to influence a group of youths to convert to Christianity. UPDATE KUALA LUMPUR: The activist Peter Chong has apologised to his family, relatives and friends for the distress he caused them over his disappearance. The former Petaling Jaya City councillor also expressed his appreciation to the police for "their professionalism in handling the missing person report made by my family." Chong said his family had informed the police of his return. "The police were very helpful in assisting (me upon my) arrival at KLIA, where I subsequently made a statement to the Investigating Officer," he said in a statement released on his Facebook page, at 4pm today. Chong extended his appreciation to a Malaysian embassy officer in Bangkok who assisted him, as well as two Thai police officers in Pattaya who arranged for his return. Chong claims that he had tried to lodge a police report over his alleged abduction at the Pattaya police station, but said the officer had asked him to lodge the report in Hat Yai, as it was there that he was held against his will. He said he plans to lodge a report on the incident at the Thai embassy here, and will return to Hat Yai to lodge a report there if he has to. Chong said he will continue to give his full cooperation to the police and their Thai counterparts who are investigating the matter. He urged the media to respect his family's privacy. Chong went missing on April 6, in the wake of the alleged abduction of fellow activist, Pastor Raymond Koh. His family lodged a police report the next day. About a week before he disappeared, Chong left a cryptic post on his Facebook page, which raised fears for his safety. He safely returned to the country on Sunday, claiming that he was abducted in Hat Yai during a trip to Thailand to meet a source who claimed to have information on the whereabouts of Koh. http://www.nst.com.my/news/crime-courts/2017/04/232033/peter-chong-issues-apology-over-distress-caused-his-disappearance

KUALA LUMPUR: Activist Lena Hendry is facing a jail sentence of up to three years or a fine of up to RM30,000 or both after the magistrate's court today convicted her of screening a documentary on the Sri Lankan civil war without prior approval from the Film Censorship Board (LPF). Lena, 32, who was standing in the dock, looked disappointed when magistrate Mohd Rehan Mohd Aris delivered the verdict. "After thorough deliberation of the evidences, the court finds that the defence has failed to raise a reasonable doubt in the prosecution's case. Therefore the accused is found guilty of the offence," Mohd Rehan said. However, the magistrate fixed March 22, for sentencing after Lena's counsel New Sin Yew asked for some time to submit on her mitigation. The court ordered for both parties to file a written submissions by March 1. After the proceeding, Lena told reporters that she was very disappointed with the judgement and that she will be filing an appeal against the decision. On March 10, last year, the magistrate's court here acquitted and discharged Lena without having her defence called. However, on Sept 21, the same year, the High Court overturned her acquittal and ordered her to enter defence. Lena who is a former programme coordinator for Pusat KOMAS, a human rights organisation, was charged on Sept 19, 2013 with screening a documentary entitled "No Fire Zone: The Killing Fields of Sri Lanka" without approval from the Censorship Board. She was accused of committing the offence at the Kuala Lumpur and Selangor Chinese Assembly Hall here, at 9pm on July 3, 2013. Her charge was under Section 6(2)(a) of the Film Censorship Act 2002. Deputy public prosecutor Nurakmal Farhan Aziz prosecuted. UPDATE: On 22 March 2017, Ms. Lena Hendry was sentenced to pay RM 10,000 (approximately US$2,250) or spend one year in jail by the Magistrate Court in Kuala Lumpur. Magistrate Mohd Rehan Modh Aris granted her a stay of execution on her jail sentence pending an appeal on the conviction. Ms. Lena Hendry paid the fine and avoided imprisonment. UPDATE: On 8 April 2017, the public prosecutor has filed an appeal for a more severe punishment after not satisfied with the Kuala Lumpur Magistrate's Court imposition of a RM10,000 fine on Lena Hendry.

GEORGE TOWN: P Rajendran, an activist for the Indian community, lodged a police report at the Timur Laut District police headquarters here today claiming he has been receiving death threats. P Rajendran, 55, said he believed the threats via the short-messaging service (SMS) and WhatsApp had to do with his voicing out against a proposed procession to parade the "vel" (spear) carried by Lord Murugan on a golden chariot during the Thaipusam celebration here next month. Speaking to reporters after lodging the report, Rajendran, who is also a community moderator for the National Unity and Integration Department in Bukit Mertajam, said since Jan 10, he had lodged five police reports after being assaulted and injured by a group of men. He added he had also sent a protest letter to Penang Deputy Chief Minister II P Ramasamy, who is also the chairman of the Penang Hindu Endowment Board, regarding the matter (procession). Several news portals prior to this had reported Ramasamy as saying that a procession involving the golden chariot would also be held in conjunction with Thaipusam this year.

PETALING JAYA: A prominent Sabahan youth activist was accosted by three men at a restaurant in Sandakan today and threatened that if he continued to speak about a certain VIP, something bad would befall him. The victim, Jufazli Shi Ahmad 27, told FMT the three followed him and his two friends when they went to the Secret Recipe restaurant at Batu 5, Sandakan, at about 2.30pm. "We didn't realise we were being followed until after 15 minutes. A man approached me and tapped my cheek, asking me to meet him outside the restaurant. "I just ignored him." Five minutes later, the trio confronted Jufazli again inside the restaurant and hurled profanities at him. "They were threatening and provoking me inside the restaurant. They warned me not to speak about a VIP. But I ignored them. "In the end, another guy in his 50s, with a moustache, shoved my head and yelled at me again." After creating a commotion inside the restaurant, the trio gave Jufazli a stern warning against criticising the Sabah state government and left abruptly in a car. "They gave me a warning that if I kept speaking out, something bad will happen to me." Immediately after the assailants left, Jufazli and his two friends immediately lodged a police report. However, Jufazli said police could not confirm if they would take follow-up action on the report. Jufazli said he was not injured and that the incident would not dampen his spirits in seeking out the truth. He said he believed the assault was linked to a Facebook live video he posted an hour earlier to connect with his 40,000 online fans. Jufazli, a vocal critic of Sabah Chief Minister Musa Aman, is also the founder of Gerakan Anak Muda Selamatkan Sabah (GAMSS). The 27-year-old said last month that he would contest in Musa's stronghold of Sungai Sibuga, Sandakan, in the 14th general election.

Anwar Ibrahim, the former leader of the Malaysian opposition, has lost a final appeal to have his prison sentence for sodomy overturned and will serve out the remaining 16 months of his sentence in jail. Significantly the ruling means Anwar will not be allowed to contest the next election in 2018, which the opposition saw as their best chance to unseat prime minister Najib Razak and end his ruling party's six decades in power. A five-member panel of judges ruled unanimously that there was no merit in Anwar's application for a review of his 2014 conviction, his final legal option for an acquittal. "We will not proceed to examine the applicant's review application," the court said. Malaysia needs democracy. I'm in prison for that belief - but I won't change it Anwar Ibrahim Read more Hundreds of demonstrators had gathered outside the Palace of Justice to show support for Anwar and police erected steel barricades around the court complex. Anwar was led into the dock by more than a dozen prison guards. His wife, daughters and grandchildren were present. After the ruling he told reporters: "It is not the end of the road." Having led a coalition of opposition parties in 2013 to their largest ever electoral gains, Anwar, 69, is seen as the greatest threat to the ruling United Malays National Organisation (Umno). He served as deputy prime minister and finance minister in the 1990s for Umno under former leader Mahathir Mohamad but they fell out and he was removed from his post and jailed for several years amid outcry from human rights groups. In 2013 he returned to politics to run a campaign against corruption and nepotism against Najib that won the popular vote but lost the election by number of legislators elected. Its was Umno's worst ever election performance. But Anwar returned to prison in 2015 after his longstanding conviction - for allegedly sodomising a former aide - was upheld. His supporters say the case is a politically motivated attempt to end his career. This summer Anwar rejoined his old enemy Mahathir to try to unseat Najib, who in 2015 was thrown into a multi-billion dollar corruption scandal involving the debt-laden state fund 1MDB. Najib denies taking any money for personal gain. The historic partnership between Anwar and Mahathir brought members of the opposition and Umno against Najib for the first time. However under Malaysian law a person is banned from political activities for five years after the end of their sentence, closing the possibility of Anwar leading any campaign as he did in 2013. The Free Anwar Now campaign released a statement ahead of the verdict saying the case had "been plagued with many anomalies and inconsistencies, questionable DNA evidence and tampering of critical evidence". "Anwar Ibrahim, who turns 70 next year, is surely not a hardened criminal that deserves the harshness of a prison sentence. He endures physical discomfort and mental anguish daily." Phil Robertson, deputy director of Human Rights Watch's Asia division, said the decision was a "real tragedy for justice" in Malaysia. "More than anything this outcome shows that the Malaysian courts were no match for prime minister Najib Razak's political vendetta against Anwar," he said. "With this final decision running roughshod over Anwar's rights and sending him back to prison, Najib and the ruling Umno party have just fired the starting gun on the expected 2018 election by permanently sidelining the political opposition's most capable leader." Writing in the Guardian on Tuesday, Anwar said his "political imprisonment" meant Malaysia needed "unyielding international encouragement and pressure". "The past 20 years ... have seen our country go from bad to worse politically and economically, driven by compromised democratic institutions and years of systematic abuse by the ruling elite to maintain their grip on power."

Student coalition Kesatuan Mahasiswa Malaysia chairperson Anis Syafiqah Md Yusof and three others have been found guilty on three disciplinary offences linked to the Aug 27 "Tangkap Malaysian Official 1" rally in Kuala Lumpur. The final decision, on whether they would be fined, banned from certain parts of the university, suspended or expelled, would only be made known within the next two weeks, the Universiti Malaya activist said. The disciplinary charges against the four students of Universiti Malaya (UM), who were found guilty for involvement in the Tangkap MO1 rally, are an excuse to punish and stamp out dissent, electoral reform movement Bersih says. "They were not even charged in a court of law as they assembled peacefully. "Bullying students through unfair disciplinary procedures and passing heavy penalties does not bode well for the UM administration, especially when it is aiming to regain its former status as a first-class university in the global arena," Bersih said in a statement today. The four students, Anis Syafiqah Mohd Yusof, Mohamad Luqman Nul Haqim, Muhammad Luqman Hakim and Suhail Wan Azahar, were found guilty of violating UM's rules and acting in a manner detrimental to both the university's good name and public order. The four students are part of the student coalition Kesatuan Mahasiswa Malaysia, which organised the TangkapMO1 rally in Kuala Lumpur on Aug 27. Condemning the university's action against the four, Bersih said it was shocked that educational institutions would punish their students for exercising their freedom of speech, assembly and association. The questions raised by the students at the TangkapMO1 rally were valid issues on corruption and governance, Bersih said, which showed that the students understood their roles and responsibilities in society. Tertiary educational institutions, it added, should be a place where knowledge and critical thinking are cultivated and encouraged, not muzzled to maintain the status quo. "Silencing voices must stop. Malaysia is a growing democracy and a more inclusive governance needs to be promoted," it said. As such, Bersih urged UM to drop all disciplinary charges against the four students and instead, encourage discourse by initiating healthy dialogues between the students and relevant authorities. This would open up safe spaces for students to express their views to the government and vice-versa, which would then reflect well on UM as an educational institution that fosters critical thinking and openness. Bersih also urged fellow Malaysians to stand in solidarity with the four students by signing a petition calling for the charges against them to be dropped. "The youth will inherit the country and it would do the authorities well to listen to them," Bersih added.

A non-governmental organisation (NGO) Persatuan Kesedaran Komuniti Selangor (Empower) office in Section 4, Petaling Jaya today afternoon was raided by the police. Through Empower's tweet a group of police officers comprise of 10 officers arrived at the office around 1pm and locked the employees inside not allowing others to enter. In the tweet also mentioned that windows were closed with papers so that people can view from outside. Then Empower tweet the raid conducted under Section 124C of the Penal Code. Lawyers who rushed to the scene also denied entry to the office. Empower is a local NGO that advocates for justice and democracy, and works with women and youth to realise their potential in areas of politics, economy, and civil liberties. It is believed the raid conducted today could do with Bersih rallies and its alleged foreign funding.

Activist Sheila Sandhu and her husband have been arrested by police. According to Bersih secretariat manager Mandeep Singh, the couple is being detained at the Dangi Wangi district police headquarters. Mandeep said the arrest may be linked to a Facebook post Sheila made. He disclosed in a Facebook post that the investigation was under Section 233 of the Communications and Multimedia Act 1998. Section 233 of the law concerns improper use of network facilities or service with the intent to annoy, abuse, threaten or harass another person. It is unclear what is the offending Facebook entry being investigated by police but prior to Sheila's arrest, she criticised the arrest of Bersih chairperson Maria Chin Abdullah. Sheila had taken aim at KL police chief Amar Singh and questioned his credentials as a Sikh over Maria's detention. The post subsequently went viral with some Sikh Facebook users criticising the mixing of religion in the matter. Maria was arrested on Nov 18, a day before the Bersih 5 rally. She was detained under the Security Offences (Special Measures) Act 2012 which allows for detention without trial for up to 28 days. The investigation was over grants received by Bersih from Open Society Foundations (OSF). -Mkini

KUALA LUMPUR - Rights groups condemned Malaysia's government on Monday for a crackdown on organisers of a weekend anti-government rally, including the arrest of the protest leader under a tough law aimed at terrorism. Tens of thousands of people flooded Kuala Lumpur with the yellow colours of the reformist movement Saturday to demand Prime Minister Najib Razak resign and face justice over a massive corruption scandal. Authorities arrested more than a dozen people before, during and after the demonstration including Maria Chin Abdullah, the leader of the "Bersih" civil society alliance that staged the rally. Most detainees have since been released but Chin remains in solitary confinement under a national security law that allows detention without charge for 28 days and can bring a lengthy prison sentence. Six Asian human rights organisations in a joint statement called the crackdown a grave breach of basic rights. "These arrests violate international human rights standards," it said, calling for all those arrested to be freed and all charges dropped. The statement was released by the Asian Forum for Human Rights and Development, the Asia Pacific Forum on Women, Law and Development, Fortify Rights, Human Rights Watch, the International Commission of Jurists and the Southeast Asian Press Alliance. The groups said they were especially "alarmed" at Chin's detention under a national security law introduced in 2012 by Najib's government with a promise it would not be used against political opponents. "However, the authorities are instead using it to prevent the exercise of fundamental human rights, constituting an abuse of law," the statement said. - 'Horrific abuse of power' - The protest was the second in 15 months by Bersih to highlight allegations that billions of dollars were plundered from sovereign fund 1MDB, Najib's pet investment project. Najib, 63, and 1MDB deny wrongdoing. But the US Justice Department earlier this year detailed an audacious campaign of fraud and money-laundering by his family, associates and an unnamed "Malaysian Official 1" -- an apparent thinly-veiled reference to Najib. Najib last year abruptly fired the attorney general and shut down domestic investigations. His government has increasingly throttled the media and whistle-blowers to contain the scandal. Bersih, in a statement Monday, said Chin was being held in a tiny windowless cell with no mattress. Bersih is "shocked and outraged that the authorities have gone to such extreme lengths to silence their critics", it said. It called for international pressure on authorities and said nightly vigils would be held on her behalf at central Kuala Lumpur's Independence Square. Deputy Prime Minister Zahid Hamidi has threatened still more people could be detained. Critics accuse Najib's government of trampling rights following a 2013 election in which his ruling coalition lost the popular vote. Since the 1MDB scandal exploded last year, opponents accuse him of an outright lurch toward autocracy to suppress it. Last week a leading opposition politician was convicted of releasing confidential documents on the scandal, and the chief editor of the country's leading independent news website was charged over a 1MDB-related news video.

KOTA KINABALU - Bersih 2.0 chairman Maria Chin Abdullah, better known as the "Yellow Lady' was arrested by police in Kota Marudu at about 2.00pm Saturday for distributing leaflets. Jannie Lasimbang, the former Bersih Sabah leader said Maria is now being questioned by officers as the Kota Marudu police station. A lawyer is believed to be on his way to the Kota Marudu police station as a group of Bersih Sabah members who were with Maria earlier on, stay outside the station to provide morale support. According to Jannie, Maria is in Sabah to lend her support to the local chapter of the rights movement. The arresting officer was identified as one Inspector Zailan, who cunningly wore a yellow and black striped t shirt and was earlier seen mingling with the crowd. According to Jannie, early reports from Bersih Sabah team members said that even members of the public were harassed by the police. "Just for accepting a Bersih leaflet, police personnel took down their details, asking for their MyKad etc," said Jannie in a Whatsapp posting Saturday afternoon. At 2.21pm Maria was brought into a room for questioning, Jannie said. She also said that a local lawyer has been notified and that he was already on his way to the police station. The fifth Bersih rally is die to be held on November 19 and the Bersih team has been on a natinwide roadshow drumming up awareness and support from the people. Among the demands being made by Bersih are to press for action over the 1Malaysia Development Berhad (1MDB) case after the US government filed a lawsuit to seize assets linked to the state investment firm. They also want electoral reforms in order for "clean' elections to be held.

20.10.2016: PETALING JAYA: Bersih 2.0 chairperson Maria Chin Abdullah's son's car was today splashed with red paint, two days after she and her three children received an Islamic State-styled death threat. In a brief statement issued by the electoral reform watchdog, Bersih 2.0 said Chin's son's car was vandalised early this morning and that Chin and her son is currently lodging a police report. Bersih 2.0 will also hand over a memorandum to the police later this evening on this latest incident. It also called for all quarters to unite and reject all forms of political violence. Chin declined to comment citing concerns over her children's safety. On Tuesday, Chin received a death threat from an anonymous individual via WhatsApp regarding the upcoming Bersih 5 rally on Nov 19. The threat came in an Islamic State-styled doctored image which depicted a man dressed in black holding a dagger to her neck. Similar images also included the faces of Bersih 2.0 committee member Mandeep Singh and Human Rights Society Chairperson Ambiga Sreevenasan. Chin, however, had said she was unfazed by the threats and vowed to carry on with the electoral watchdog's convoy and the rally. Prior to this, Mohd Ali Baharom, better known as Ali Tinju, had warned Chin to "watch her back" or she may no longer "walk on this earth", after the announcement of the Bersih 5 rally.

KUALA LUMPUR: The country's Internet regulatory body today blocked access to The Malaysian Insider (TMI) news portal. In a statement, the Malaysian Communications and Multimedia Commission (MCMC) said the ban was imposed following contents published by TMI that were allegedly in violation of Section 233 of the Communications and Multimedia Act 1998. "The action against TMI was also based on complaints received from the public. "Thus, MCMC would like to remind news portals to not spread or publish articles with unverified facts as such actions can create confusion and spark untoward situations," MCMC said in the statement, which was published on its official Facebook page. However, it is learnt that the ban imposed by the Malaysian Communications and Multimedia Commission (MCMC) had so far only affected Celcom and Unifi users. Both services were provided by state-controlled companies Celcom Axiata Bhd and Telekom Malaysia. Checks by New Straits Times' reporters who use Celcom services at about 6pm today found that TMI was inaccessible. Attempts to access the website were met with a notice that stated: "This website is not available in Malaysia as it violate(s) the National law(s)." The websites however were available to those who used Maxis and Digi services.

Friday, 15 January 2016 KUALA LUMPUR: The High Court here Friday sentenced activist Hishamuddin Md Rais to nine months in jail for making a seditious speech at a public forum on May 13, 2013. Judicial commissioner Datuk Nordin Hassan made the ruling after allowing the prosecution's appeal for Hishamuddin's punishment to be enhanced from the RM5,000 fine imposed by the Sessions Court on Jan 9 last year. However, the judge granted counsel Syahredzan Johan's application for a stay of execution of the activist's custodial sentence and set RM6,000 as bail, pending the defence's appeal at the Court of Appeal. In his decision, Nordin said the RM5,000 fine was inadequate and would not serve as a deterrent to others with intention to commit a similar offence. Earlier, the judge rejected Hishamuddin's appeal to set aside his conviction by the Sessions Court after concurring with the latter that the accused, from the context of his speech had incited for a change of government. Nordin said it was the right of the accused to speak out but which should not be a justification to break the law. "Therefore, the court opines that the decision of the Sessions Court may not be disturbed and the appeal against conviction is rejected," affirmed the judge. The prosecution was represented by deputy public prosecutor A.S Thangavelu. Hishamuddin was charged with committing the offence at the Kuala Lumpur and Selangor Chinese Assembly Hall in Jalan Maharaja Lela, Dang Wangi here between 8.55 pm and 11.15 pm on May 13, 2013. - Bernama

GUA MUSANG: Three Orang Asli activists who were detained by thugs claiming to be police have lodged police reports over the incident. Mustafa Along, Manglo A/L Tegau and another activist named Salim lodged reports at the Gua Musang district police station on Wednesday night. All three had been involved in a blockade set up by the orang asli community on a logging trail between Pos Tohoi and Pos Simpo, located approximately two-and-a-half hours from Gua Musang. According to Mustafa Along, secretary of the Kelantan Network of Orang Asli Villages, the blockade was visited by the heads of the logging companies operating in the area. He said they were joined by "police and Forestry Department officers" as well as "aggressive workers". Also present, it seems, were videographers from media agencies. "As we held the blockade we were threatened and provoked to end it," he told The Star on Wednesday. When Mustafa began talking back to the interlopers, he was detained by the men claiming to be police on the grounds of provocation, blocking a thoroughfare and disturbing the peace. He said they had showed him some identification when he asked for their police cards, though he did not get a good look. However, when Mustafa offered his hands to be handcuffed, he said they refused. "I was taken to a four-wheel drive vehicle, which I believe belongs to a worker from a logging company," he said. The two other activists were taken in as the orang asli refused to back down following Mustafa being detained, he said. "We were arrested but not arrested officially. The aim was just to frighten the others," said Mustafa. All three were later released and the identities of the supposed police officers remain unclear. In videos provided to The Star by the Orang Asli activists, the loggers appeared to have used chainsaws to cut down the barricade while the activists were still clinging on to it. Once the barricade was dismantled, they drove one of their lumber lorries through the path. At this point the orang asli group were force to retreat. "We ran and we stopped at the side of the road. We ran with our cameras. "After that, a vehicle with two people inside stopped in front of us and one of them took their rifle out and fired," said Halim from Kampung Pasik, one of the activists present. He said that the armed man got down to pick up his spent shell and fired another warning shot further down the road. Despite the confrontation, the orang asli community remained determined to maintain the blockade and the barricade was restored after the loggers' left. The blockade, which was set up on Monday, was part of an initiative by the Orang Asli to drive loggers from what they claim is their ancestral land.

KUALA LUMPUR: Batu MP Tian Chua was sentenced to three months jail and fined RM1,800 after he was found guilty of making seditious remarks in a post-GE13 speech. The sentence meted out means that Tian Chua will retain his parliamentary seat as it is below the one-year jail and RM2,000 fine threshold that will cause a lawmaker to lose their seat. Sessions Court judge Zulqarnain Hassan ruled the prosecution had proven the charge against Tian Chua, who is also PKR vice-president, beyond reasonable doubt. He added that he was satisfied that Tian Chua, had a "tendency to utter seditious words with the intent of toppling a democratically elected government". "The accused had already used words such as "bangkit' (rise), "turun ke jalan' (take to the streets), not long after the 13th general election. "There is no doubt his speech had the tendency to incite people to change the legally elected government," the judge added. Zulqarnain said the court was satisfied on the prima facie case. Chua was represented by PKR lawyers N Surendran and Latheefa Koya, while Deputy Public Prosecutor Julia Ibrahim represented the prosecution. Chua was charged under Section 4(1)(b) of the Sedition Act on 29 May 2013 for allegedly uttering seditious words. He made the speech at the Kuala Lumpur Chinese Assembly Hall, shortly after the General Election that year. Earlier this year, another counsel for Tian Chua , New Sin Yew said that the PKR lawmaker had merely uttered words that are used every day by people. Hishamudin Rais, Adam Adli, Safwan Anang, Tamrin Ghafar and Haris Ibrahim, other speakers at the event, have also been prosecuted for sedition. Earlier this year Haris was also found guilty and was sentenced to eight months in prison. However, the court granted his application for a stay of execution pending appeal, while his bail was increased to RM10,000 from RM5,000. Last year Safwan, a student activist, was found guilty for uttering seditious statements. Fortunately for him, he had his 10-month jail sentence amended to a RM5,000 fine instead.

Suara Rakyat Malaysia (SUARAM) has demanded the immediate release of all activists and opposition leaders arrested and detained by the police. "The police must cease its crackdown against human rights and democracy," said the NGO's Executive Director Sevan Doraisamy in a statement. "Suaram strongly condemns the arrest of youth activists and political leaders in the past week and the threats issued by the Inspector-General of Police against opposition MPs." The Suaram statement referred in particular to several arrests, Shazni Murni and Shukri Kamarudin under the Sedition Act 1948, Muhammad Zhafran under Section 504 of the Penal Code; lawmaker Rafizi Ramli under the Official Secrets Act 1972; and lawmaker Chan Ming Kai under Section 186 of the Penal Code. "These can only be described as the start of a political crackdown against youth activists and political leaders." "There's no legitimate justification for the arrests and the detention of these individuals." Recalling Malaysia's support for the United Nations General Assembly's resolution on the protection of human rights defenders, the NGO reminded the government and all associated agencies to remember the obligations that they had undertaken. "They should comply with the said resolution and take immediate steps to fulfill their obligations." The police, as the keeper of peace and security, should not be exercising their power for political reasons as they have in these cases, lamented Sevan. Further, he added, MPs are elected representatives of the people and must be allowed to perform the duties expected of them. "These duties would naturally include the protection and promotion of their rights as MPs." "The protest against the treatment of a fellow parliamentarian and the show of solidarity expressed by opposition MPs should not and cannot be subjected to threats by the Inspector-General of Police." Threats issued against any MP in such a manner should be construed as threats to Parliamentary democracy as they posed direct and immediate threats to Parliament and lawmakers, continued the Suaram statement. "The Inspector-General of Police would do well to remember the role of the police." "He should put an end to the unnecessary interference with Parliamentary activities."

Police have summoned Selangor Menteri Besar Azmin Ali's teenage son to give a statement over his attendance at the Bersih 4 rally in August. The MB, who is also PKR deputy president, attended the Kuala Lumpur rally with his family. "Police instructed my son to present himself to the Dang Wangi district headquarters at 10am tomorrow, even though he has to sit his final examinations. "This oppression of a 15-year-old boy will only prompt him to rise against Umno's misdeeds. "I am grateful that my son Basheer is a brave boy," he said on Twitter. He later told Bernama that his son will be sitting his examinations and will give a statement to police at a later date. Azmin is under investigation for bringing a child to a demonstration, under the Peaceful Assembly Act. Bersih 4 organisers Maria Chin Abdullah and Jannie Lasimbang have been charged under the same Act for not giving due notice to police. The Aug 29 and 30 Bersih 4 rally in Kuala Lumpur was attended by more than 150,000 people. Among others, it was to call for the resignation of the Prime Minister Najib Abdul Razak amid corruption allegations. Najib denies any wrongdoing

PETALING JAYA: Political activist Bad Latif Mansor was questioned by the police today for bringing his teen daughter to the Bersih 4 rally two months ago. Lawyer Michelle Yesudas told reporters that this was the second time the daughter, 14, was being questioned. Last month she was questioned with her mother, activist Nashita Md Noor, under the same Section 4 (2) of the Peaceful Assembly Act 2012 (PAA) for bringing a minor to the rally. Michelle said the continued investigations were a form of harassment as the Federal Constitution and international convention ruled that freedom of assembly was a guaranteed right of each citizen. "I think the mother and daughter have already been questioned and now it is the father's turn. So what is happening here? "Now we know that this family has been harassed to give a statement and asked to go to the police station to explain their presence at Bersih. "The PAA states that every Malaysian has a constitutional right to assemble peacefully so why are they being harassed?" she told reporters in front of the Dang Wangi police district headquarters today. Other than Bad and Nashita's family, the teenage son of Selangor Menteri Besar Azmin Ali was also called to give his statement on his presence at the rally that was held in August this year. Bad told reporters that the police posed funny questions such as "Are you training your child to join the rally? It's like I'm involved in terrorism," he chuckled. "From the questions, it looks like the police are trying to create fear in us and the Malaysian people from attending peaceful rallies such as Bersih," he added. Meanwhile, Bersih representative Hishamuddin Rais said the coalition would stand by Bad's family as they were upholding the principles of democracy. "Bersih is of the opinion that the police should stop these public threats and intimidation to prevent them (the people) from attending peaceful rallies including charging their representatives. "The government is supposed to celebrate the fact that the young are politically aware of the happenings in the country," he said.

Bersih 2.0 announced in a statement, that its Sabah Chairperson Jannie Lasimbang was charged in the Magistrate's Court in Kota Kinabalu on Wednesday for not giving the police ten days notice, as required under the Peaceful Assembly Act 2012, for gatherings held in Kota Kinabalu recently. Lasimbang is the first activist to be charged for the Bersih 4 gatherings in the Sabah capital on August 29 and 30. The gatherings were part of similar affairs in 70 cities worldwide including Kuala Lumpur and Kuching. She was charged under section 9(5) of the Act, disclosed Bersih 2.0 Steering Committee Chairperson Maria Chin Abdullah. "We express our solidarity with Jannie and protest this charge which has been brought against her. We will continue to struggle for the right to demonstrate." Chin expects others to be charged as well following the recent declaration by the Court of Appeal that section 9(5) of the Act was not unconstitutional. The Court had also ruled in the case of Seri Setia assemblyman in Selangor Nik Nazmi Nik Ahmad that the 10 days notice was not necessary and moreover was in conflict with human rights as enshrined in the Constitution, she pointed out. Chin added that Jannie wasn't the only one investigated by police in Sabah. "Other volunteers, speakers and sponsors were also hauled in as soon as the gatherings in Kota Kinabalu ended." "If they are just going to pick and choose who to charge, it's selective prosecution and persecution and meant to intimidate others." Chin noted that Tourism Minister Nazri Aziz had been quoted as saying last night that the government allows demonstrations. "However, it appears that there's no freedom after demonstrations."

KUALA LUMPUR: A new National Security Council (NSC) Bill will be tabled to enhance the country's security later this year, says Datuk Seri Najib Tun Razak (pic). The Prime Minister said the new law was aimed to meet the increasing threats faced by the country. "It is to strengthen the National Security Council by giving it the force of law similar in other countries such as the United States, Japan, Thailand, Philippines and the United Kingdom," he said in his reply during question time on Monday. He was asked by Datuk Noor Ehsanuddin Mohd Harun Narrashid (BN-Kota Tinggi) to state the Government's measures to transform the National Security Council and make it more effective in addressing complex challenges. The Prime Minister said that apart from the Bill, national security policies would be revamped, which would guide the country towards the year 2020. Najib said that all parties, including the rakyat, must give their undivided support to preserve and defend the nation's security.

Parti Sosialis Malaysia (PSM) held a candlelight vigil last night for its member and former student activist Khalid Ismath near the Johor Baru Selatan police station where he is being detained for posting critical tweets related to the arrest of a 1MDB critic. Khalid is being remanded until tomorrow under the Sedition Act for a tweet allegedly criticising the detention of Datuk Khairuddin Abu Hassan and lawyer Matthias Chang under an anti-terrorism law that allows detention for 28 consecutive days without being brought to court. Both men had been critical of controversial state investment firm 1Malaysia Development Berhad (1MDB), with Khairuddin lodging reports in several countries against the brainchild of Prime Minister Datuk Seri Najib Razak. "Khalid was first detained on October 7 for two days, but was immediately re-arrested upon his release on October 9," Eira Nadzirah, Khalid's wife said at the vigil last night. Khalid Ismath's wife, Eira Nadzirah. Eira says she was not informed of the reason for Khalid's re-arrest. - The Malaysian Insider pic, October 12, 2015.Khalid Ismath's wife, Eira Nadzirah. Eira says she was not informed of the reason for Khalid's re-arrest. - The Malaysian Insider pic, October 12, 2015."I was with him then and the investigating officer didn't even inform us the reason for his re-detention. "It was the new IO, an Inspector Hoo, who informed me that he was being detained under the Sedition Act." Khalid has been in remand since his re-arrest on Friday and is due to be released tomorrow. UPDATE: 29/ 10/ 2015 Court allows activist Khalid interim bail but with conditions Activist Khalid Mohd Ismath, who is charged with making inflammatory postings against he Johor royalty, has been given an interim bail by the High Court. Lawyer Roger Chan Weng Keng said the bail, however, came with several conditions. He said Khalid has to post RM5,000 for each of the 14 charges he faced, surrender his travel documents and report to the police as instructed by the court. "The court will convene again on November 11 whether to revoke or vary the bail," he said. Chan said friends and family members were in the midst of raising the money so that he could be freed today. Chan said deputy public prosecutor Rahimah Abdul Majib applied for postponement on the grounds that her superior, Saiful Edris Zainuddin, who previously handled the matter was in Putrajaya today. He said he objected to the application as the liberty of his client was at stake. "The freedom of a person is fundamental and all other factors were secondary," he submitted before judge Datuk Mohd Sofian Abdul Razak. Chan said Khalid would continue to languish in jail as it would be unsure when this court would reconvene. On October 13, Khalid was charged in the Johor Baru Sessions Court with three counts of sedition against the Johor royals and another 11 counts under the Communications and Multimedia Act. The 25-year-old Parti Sosialis Malaysia (PSM) member claimed trial to the charges. However, Saiful applied to the court that Khalid be denied bail as he could abscond. Edris cited the case of blogger Ali Abd Jalil who escaped from the country last year. Ali had been charged with three counts of sedition for criticising the monarchy on Facebook. He was released on bail but eventually fled to Sweden to seek asylum after claiming he had received death threats. Judge Mohamad Hadlar Abdul Aziz agreed with Edris's submission and fixed case management on November 11. - October 29, 2015. UPDATE: 11 November 2015 High Court maintains activist's bail amount at RM70,000 The Johor Baru High Court today maintained the bail amount for activist Khalid Mohd Ismath at RM70,000 for the 14 charges he was slapped with, including for making inflammatory postings against the Johor royalty. Judge Sofian Abdul Razak in making this decision, also ordered Khalid to report to the police once every two weeks until the conclusion of the trial at the Sessions court. The date for the trial, however, has yet to be set. The other bail conditions, including surrendering his passport and other travel documents to the court, remains. In an immediate response, lawyer Roger Chan Weng Keng, said the bail was high and tantamount to punishing the accused. Khalid, however, remains free as he had posted bail. On October 13, Khalid was charged in the Johor Baru Sessions Court with three counts of sedition against the Johor royals and another 11 counts under the Communications and Multimedia Act. The 25-year-old Parti Sosialis Malaysia (PSM) member claimed trial and was granted interim bail of RM5,000 for each charge. It was reported that Khalid's bail money came from the "Freedom Fund" set up earlier this year to assist those penalised for exercising the freedom of speech and assembly. PSM leaders S. Arutchelvan had said RM60,000 came from the fund while another RM10,000 was donated by party members. - November 11, 2015.

(Malay Mail Online) - Former Batu Kawan Umno deputy chief Khairuddin Abu Hassan has been rearrested by the police this evening, moments after he was released by the court at the Jalan Duta Court Complex, Malaysiakini reported today. Khairuddin, who filed reports against 1Malaysia Development Bhd (1MDB) in several countries, was rearrested under the Security Offences (Special Measures) Act (Sosma) around 4.40pm. He can be detained without trial for up to 29 days under the Sosma act. "When he walked out of the court after being released, he was immediately re-arrested for offences under Section 124K and 124L of the Penal Code," his lawyer Matthias Chang told Malaysiakini. Section 124K and 124L deal with sabotage and attempting to sabotage the state respectively. Khairuddin was initially arrested on suspicion of acting to "topple the government' under Section 124(c) of the Penal Code, which was related to acts detrimental to parliamentary democracy. "The sabotage charge couldn't stick under Section 124(c), so that's why they needed to re-arrest him," Chang added. Inspector-General of Police Tan Sri Khalid Abu Bakar said Khairuddin's attempt to solicit foreign investigations into 1MDB was an act of sabotage and a danger to Malaysia's economy and sovereignty, as well as a disservice to the country's law enforcement agencies. The IGP insisted that the former Umno leader should have provided any evidence in his possession to local investigators for their own use, given that he initially lodged a report against the firm here in Malaysia. "Instead, he still chose to use foreign legal avenues, particularly Britain, Hong Kong, France and the United States with the purpose of applying international pressure on Malaysia." Khairuddin was arrested on Friday, the day he was reportedly due to fly to New York in the US to meet with the Federal Bureau of Investigation (FBI), and was remanded a further six days on Saturday. He was initially due to be released tomorrow. Prior to his arrest, Khairuddin claimed that he was barred from leaving the country by the Immigration Department. The former deputy chief of the Umno Batu Kawan division had been on a global tour to solicit investigations by other countries into 1MDB. The WSJ has published a series of reports detailing dubious activity allegedly involving 1MDB, beginning with an expos_ in July on the US$700 million (RM2.6 billion) deposit in Najib's accounts. It followed up last month with another report alleging that US$1.4 billion in payments from 1MDB to a UAE sovereign fund was missing from the Middle Eastern firm's accounts. The July report, in particular, appeared to trigger a series of events in Malaysia that eventually led to the amount being declared a donation from the Middle East while local investigations into 1MDB were also either suspended or repurposed. Najib has denied any impropriety over the US$700 million (RM2.9 billion) donation, which was described as a political donation to the Umno party that he heads. UPDATE: 27/ 11/ 2015 Khairuddin, Matthias out on bail, court rules Sosma not applicable he High Court today allowed bail for former Umno leader Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang who were charged with sabotaging the Malaysian economy, and ruled that it was not a security offence. "As such, procedures under Security Offences (Special Measures) 2012 could not be applied on them," judge Datuk Mohd Azman Husin said in allowing the duo's application. He released them on RM10,000 bail, and ordered the trial to commence in the Sessions Court. Former prime minister Tun Dr Mahathir Mohamad, who was present in court this morning to lend support to his former aide and Khairuddin, said he had always maintained that there was no offence and the use of Sosma was not correct. "I am very glad as I thought there is no case. I always thought there is no case under that law (Sosma). Justice has been done," he told reporters. Dr Mahathir, his wife Tun Dr Siti Hasmah Mohamad Ali and former minister Tan Sri Sanusi Junid were among those present in the packed courtroom today. The judge today said Parliament had never intended the charge under section 124L of the Penal Code to be a security offence. The charge under this section carries a jail term of up to 15 years upon conviction. "They cannot be denied bail and Sosma procedures cannot be used in their trial," the judge said. Deputy Public Prosecutor Masri Mohd Daud said the prosecution will appeal to the Court of Appeal. Judge Azman has fixed the matter for case management on January 12. Khairuddin has been under detention since September 8 and Chang, since October 8. Chang, a former political aide to Dr Mahathir, was arrested at the Dang Wangi district police headquarters in Kuala Lumpur, when he went there to visit Khairuddin who was being held under Sosma. The anti-terrorism law allows for a suspect to be held for up to 28 days after arrest. On October 12, both men were charged with attempted sabotage of the Malaysian economy and the country's financial and banking system. They are accused of committing the offence in France, United Kingdom, Switzerland, Hong Kong and Singapore, between June 28 and August 26 this year - places where Khairuddin had lodged reports against state-owned investment firm, 1Malaysia Development Bhd (1MDB). 1MDB is the brainchild of Prime Minister Datuk Seri Najib Razak, and detractors, led by Dr Mahathir, have accused the prime minister of silencing criticism of 1MDB with the use of Sosma.

The Malaysian authorities should end their prosecution of a local activist for her role in showing a documentary film without censorship board approval, Human Rights Watch said today. Malaysia's Federal Court has heard Lena Hendry's challenge to the constitutionality of the Film Censorship Act on 14 September 2015, and has since thrown out the challenge. Hendry, a staff member of the human rights group, Pusat KOMAS, was charged under the act for organizing a private screening of the award-winning documentary No Fire Zone: The Killing Fields of Sri Lanka on 3 July 2013 in Kuala Lumpur. If convicted, she faces up to three years in prison and a fine of up to RM30,000 (US$7,000). "Prosecuting someone for the private showing of an award-winning film shows how determined Malaysian authorities are to stomp on the right to free expression," said Phil Robertson, deputy Asia director at Human Rights Watch. "The government should call off its intensifying assault on free expression and promptly amend the Film Censorship Act." Section 6 of Malaysia's Film Censorship Act, under which Hendry is being prosecuted, prohibits the "circulation, distribution, display, production, sale, hire" or "possession" of any film, whether imported or domestically produced, without first obtaining approval from the government-appointed Board of Censors. HRW said that the law defines "film" very broadly - and could potentially be applied to home videos or videos taken on a smartphone. Should the Federal Court, Malaysia's highest, rule against Hendry, her case will proceed to trial. HRW noted that the Film Censorship Act has been seldom invoked and Pusat KOMAS regularly screens films on politics, human rights, culture, and other issues without censorship board approval, with admission by pre-registration only. The charges against Hendry appear to have been primarily motivated by the Malaysian government's desire to appease Sri Lankan embassy officials, who had publicly demanded that the film not be shown and visited the venue, the Kuala Lumpur Selangor Chinese Assembly Hall, on the day of the film's showing to urge the venue's managers to cancel the event. No Fire Zone concerns war crimes committed in the last months of Sri Lanka's civil war, including Sri Lankan army artillery attacks that indiscriminately killed thousands of civilians and the extrajudicial executions of captured fighters and supporters of the secessionist Liberation Tigers of Tamil Eelam. The authorities' politically motivated prosecution of Hendry is contrary to internationally recognized standards for the protection of freedom of expression, HRW said. "The imposition of criminal penalties for choosing to possess or show a film that the government has not previously approved is not necessary to protect national security, public order, public morals, or the rights and reputations of others, and imposes a disproportionate burden on a fundamental right." "Rather than acting like a "big brother' to censor films Malaysians have a right to see, the government should change the law that allows this misuse of power," Robertson said. "Malaysians should never have to fear arrest for organizing a film festival or going to watch a movie."

Bersih 2.0 chairman Maria Chin Abdullah and seven others today pleaded not guilty for participating in the #KitaLawan rallies held earlier this year. Chin, Jingga 13 chairman Mohd Fariz Musa, Bersih 2.0 secretariat manager Mandeep Singh, Bayan Baru MP Sim Tze Tzin, activist Adam Adli Abd Halim, Teja statesman Chang Lih Kang, Batu MP special officer Rozan Azen Mat Rasep and PKR member Lee Chean Chung were all charged under Section 4(2)(c) of the Peaceful Assembly Act 2012 for taking part in the street protests on February 21 and March 28. Only Fariz was slapped with two charges for taking part in the #KitaLawan street protests held on both dates. All the accused were granted with RM500 bail each in one surety. They were represented by lawyers Datuk Ambiga Sreenevasan, Ram Karpal Singh, Amer Hamzah Arshad, Eric Paulsen and Latheefa Koya. Meanwhile, the ninth accused, former PAS Youth treasurer Fakhrulrazi Mohd Mokhtar was charged with sedition for a speech made during the #KitaLawan protest in February. He also claimed trial to the charge. Magistrate Muhammad Faizal Ismail granted RM1,000 bail with surety to Fakhrulrazi. Subang MP Sivarasa Rasiah was also supposed to be charged with sedition today but was postponed on health grounds. The #KitaLawan rallies which took place in front of the Sogo shopping complex and at the Kuala Lumpur City Centre (KLCC) were held to protest against the jailing of former opposition leader Datuk Seri Anwar Ibrahim, the goods and services tax (GST) and the Barisan Nasional leadership. - September 8, 2015.

The attack on award-winning transgender activist Nisha Ayub last week, was a reminder of dangers faced by the LGBT community in Malaysia, human rights group Suaram said. Nisha was assaulted by two men unknown to her on her way to work last Thursday, sustaining injuries to her ankle and leg. "In such dark times where some quarters think such acts as acceptable, we must stand in solidarity with our friends and stand fast against such act of violence. "We implore the police force to take swift action against the perpetrators and ensure that those who plot to commit such deplorable acts be dealt with according to the law without any favours or discrimination," Suaram executive director Sevan Doraisamy. Sevan said the LGBT community must have equal rights and protection under the law, regardless of claims otherwise by Tourism Minister Nazri Abdul Aziz (photo). Nazri, who was former minister in charge of law, last week said the LGBT community will not be able to lead their lives as they see fit in Malaysia "because it is not allowed in Islam". "Unless the minister wishes to be perceived as supporting such deplorable acts in Malaysia, we would advise the minister to retract his stance on the matter," Sevan said. It won't stop me In a Facebook posting, Nisha (photo) said the attack on Thursday was the first she had faced. She said the attackers fled after her mother, who saw it through a window at their home started screaming. "I ran to the left and shouted for help. Everyone came. A Malay auntie came and hugged me, bringing me to the lift. When I reached my floor, I fainted. "Thank God all the neighbours came and helped me. Another auntie hugged me and brought me to their house," she said. A police report has been lodged, she said in the posting on Thursday. The recipient of the Human Rights Watch Alison Des Forges Award for Extraordinary Activism said while she has assisted in cases of violence before, experiencing it herself has made her "paranoid about things that are actually normal". "All I can say is time will heal me...You can put me in jail, you can hurt me, you can even kill me but it will never take away my identity as a transgender woman. "My work as an advocated will never stop until my last breath," she wrote in a posting today.

PETALING JAYA: Prominent lawyer and activist Ambiga Sreenevasan has described the police's decision to investigate her for her involvement in organising the Bersih 4 rally in August, a "ridiculous" move on their part. Speaking to reporters in front of the Petaling Jaya Police Headquarters today where she was asked to present herself, the former Malaysian Bar president said that the police's attention should be focused on other more pressing matters instead. "To me this whole thing of calling up people for wearing T-shirts, the Bersih 4 T-shirts, is really quite ridiculous given the other issues that are plaguing the nation at this point. She added that she will be filing for a review of the gazette under the Printing Press and Publications Act (PPA) 1984 that was used to declare the Bersih 4 yellow T-shirts illegal. "I can say this, I will be challenging that gazette notification, I will be talking to my lawyers about it to put an end to this nonsense," she said. PKR's Elizabeth Wong and former Kapar MP S Manikavasagam were also called in by the police for questioning. They too were being represented by lawyer Latheefa Koya, who said that the trio were being investigated under Section 8 of the PPA. Last week, Ambiga questioned the police's decision to declare Bersih 4 illegal, saying she was "not convinced" that the police had the right to do such a thing. "Do they actually have the power to declare something illegal? I'm not sure that they can. If they want to go around declaring anything illegal, I want to know what law is being breached," Ambiga said at a forum last week.

The police are acting illegally by attempting to prohibit the proposed Bersih rally on Aug 29-30, the Bar Council said today. The Bar said a requirement of a permit under the Police Act for holding an assembly had been repealed in 2012 and the Peaceful Assembly Act only required that the police be informed of an intended assembly. "There is no requirement of licensing by the police for an assembly under the Peaceful Assembly Act," said Bar Council president Steven Thiru in a statement today. The police had no power to prohibit a rally, and the announcement by the police that the Bersih rally had been "disallowed" was contrary to the Act and legally flawed. He said a recent Court of Appeal decision had upheld the constitutional right to assemble peaceably and that failure to give notice would not be subject to criminal sanction under the Act. Thiru pointed out that the deputy Inspector General of Police, Noor Rashid Ibrahim, had been reported to have said that the police would not object to the rally and that the public had the right to gather and voice out their dissatisfaction under the Constitution. "The reversal of this decision now is perplexing and untenable," Thiru said. He urged the police to respect the constitutional guarantee of the right to assemble peaceably and without arms. "This is a duty imposed by law on the police," he said, and not a question of their "tolerance' of citizens exercising their constitutional right. "The police should also learn from their past mistakes in mishandling and deterring public assemblies," Thiru said, pointing to criticisms of police actions by Suhakam, the Human Rights Commission of Malaysia which had noted "disproportionate force and misconduct by the police" at the Bersih rally of 2012. "The actions of the police were driven more by anger, frustration and the need to inflict punishment than by duty," Thiru said, quoting from Suhakam's report. He said the Bar was appalled by the lack of police action against the intimidation and harassment by a group of about 30 people against Bersih organiser Maria Chin Abdullah. Thiru strongly criticised Federal Territories Minister Tengku Adnan Mansor for reportedly having said Bersih participants could do whatever they wanted by assembling in a stadium: "you want to shout, want to be naked, do whatever you like." He said the Bar was revolted by the minister's callous remark and ignorance of and disrespect for the citizens' rights.

PETALING JAYA: Cheras Umno chief Syed Ali Alhabshee has accused activist lawyer S Ambiga of spreading lies and instigating anarchy with an article she wrote that the New York Times published yesterday. He said the article, which appeared in the paper's op-ed section, was a "clear attempt" to "stir up emotions" a week ahead of the Bersih 4 rallies. The article, titled "Among Malaysia's many scandals," is largely about Malaysia's economic and political crises, corruption scandals and the Election Commission's alleged bias for Barisan Nasional. A reference to the Bersih 4 rallies comes in one of the last paragraphs. In a press statement posted on his website, Syed Ali alleged that Ambiga "padded" her commentary with "shoddy reasoning" to make a case "for the overthrow" of Prime Minister Najib Razak. "She has concocted a fairy tale about the Election Commission ensuring the Prime Minister and Barisan Nasional stay in power through gerrymandering and other fraudulent ways," he said. He acknowledged that Barisan Nasional and Umno "have their flaws, just like any other political party in the world" and that "Najib is embattled with allegations of corruption, which he has denied." However, he questioned Ambiga's impartiality, saying she appeared to have forgotten that the opposition parties and dissident organisations also engaged in questionable politics. He said: "Are the opposition parties free of flaws? Don't they receive foreign funding? Have they been forthcoming in revealing their funding sources? Don't non-governmental organisations in this country receive funding from George Soros, the manipulative currency speculator? "Has Ambiga ever questioned the political infighting amongst the opposition parties? Has she ever vehemently condemned the party hopping that the opposition encourages? "Where was Ambiga when the PKR President and wife of jailed leader Anwar Ibrahim vacated her seat for her husband? "Was she relentless in her pursuit for justice when Anwar forced a state assemblyman to resign so that he could occupy the seat as a springboard to the Menteri Besar's seat in Selangor?" He alleged that the objective of the August 29-30 Bersih rallies was "to mar" the Merdeka celebrations and he urged Malaysians to reject the call to go to the streets. "Yes," he said, "we need the space to criticise the government in a constructive manner. But we certainly don't need saboteurs who create panic and disharmony just to feed their ego and political ambitions."