Uwazi

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.

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