- Country
- Malaysia
- Initial Date
- Aug 21, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Deportation
- Rights Concerned
- Freedom of movement, Labour rights
- HRD
- Labour rights defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Aug 26, 2020
- Country
- Malaysia
- Initial Date
- Jul 24, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- Malaysia
- Initial Date
- Jun 26, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Media freedom, Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- Malaysia
- Initial Date
- Jun 2, 2020
- Event Description
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.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Restrictions on Movement
- Rights Concerned
- #COVID-19, Offline, Right to liberty and security, Right to Protest
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- Malaysia
- Initial Date
- May 7, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Media freedom, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- Malaysia
- Initial Date
- Mar 12, 2020
- Event Description
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.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Internet freedom, Media freedom, Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 26, 2020
- Country
- Malaysia
- Initial Date
- Mar 4, 2020
- Event Description
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.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Lawyer, Pro-democracy activist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- Malaysia: lawyer summoned over a Tweet
- Date added
- Mar 10, 2020
- Country
- Malaysia
- Initial Date
- Mar 1, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Lawyer, Pro-democracy activist, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Related Events
- Malaysia: lawyer summoned over a Tweet
- Date added
- Mar 5, 2020
- Country
- Malaysia
- Initial Date
- Jan 1, 2020
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats, Online Attack and Harassment
- Rights Concerned
- Media freedom, Offline, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Feb 4, 2020
- Country
- Malaysia
- Initial Date
- Dec 17, 2019
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Dec 19, 2019
- Country
- Malaysia
- Initial Date
- Oct 11, 2019
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Pro-democracy activist
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- Malaysia
- Initial Date
- Jul 1, 2014
- Event Description
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."
- Impact of Event
- 1
- Violation
- Censorship, Judicial Harassment
- Rights Concerned
- Freedom of association, Freedom of Religion and Belief, Internet freedom
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 3, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Source
[Malaysia Kini](Malaysia Kini
- Monitoring Status
- Active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 23, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Internet freedom
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 8, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 19, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to fair trial
- Source
- Monitoring Status
- Active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Jun 23, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Reprisal as Result of Communication, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of association, Right to Protest
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Jun 22, 2014
- Event Description
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.
- Impact of Event
- 15
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of association, Right to Protest
- Source
- Monitoring Status
- Active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Mar 18, 2014
- Event Description
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.
- Impact of Event
- 1
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Right to Protest
- Source
- Monitoring Status
- Not active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Oct 31, 2013
- Event Description
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.
- Impact of Event
- 19
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Right to housing, Right to property, Right to Protest, Women's rights
- Source
- Monitoring Status
- Not active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- May 5, 2013
- Event Description
Over the last two weeks (since May 5 2013), members of opposition parties, protesters and human rights defenders were reportedly harassed and, in some cases, arrested by authorities as a consequence of their involvement in demonstrations questioning the electoral results. Protesters were also allegedly physically harassed, inflicting in some instances bodily injuries, by groups supportive of the Government. On 17 May 2013, a leader of the opposition People's Justice Party and Selangor state assembly person, Nik Nazmi, was charged under the Peaceful Assembly Act 2012 or allegedly having failed to serve the police with sufficient notice for an opposition-led demonstration at the Kelana Jaya Stadium on 8 May 2013. Six Pakatan Rakyat leaders were subsequently charged under the same law for organizing similar rallies in different locations throughout the country. On 18 May 2013, student activist Adam Adli was arrested in Kuala Lumpur. On 23 May 2013, he was subsequently charged under the Sedition Act 1948, for allegedly uttering a seditious statement during a public forum on 13 May, where he called for street protests against the Government. He was released on bail on the same day, pending court hearing set for 2 July 2013. A candlelight vigil that was held on 22 May 2013 to call for the release of Adam Adli resulted in the arrest of further 18 participants, who were also questioned by the police. On 29 May 2013, authorities allegedly re-arrested opposition Member of the Parliament Tian Chua, opposition PAS Islamic Party member, Tamrin Bin Abdul Ghafar and civil society activist, Haris Ibrahim, along with a student activist Safwan Anang under the same Sedition Act in Kuala Lumpur. They were first arrested on 23 May 2013, but were later released by the magistrate. Their arrest is reportedly linked to their involvement in protests.Thousands of copies of printed publications by opposition parties were reportedly seized in various States. Officers from the Home Ministry had not only seized the publications but also raided the vendors' stalls. The Home Minister allegedly stated that some of the seized publications had violated Section 5 of the Printing Presses and Publications Act 19841. Authorities have reportedly further contributed to the atmosphere of tension by making statements blaming minorities for the political instability. On 12 May 2013, the former Court of Appeal Judge Mohd Noor Abdullah (now a commissioner for the Malaysian Anti-Corruption Commission) reportedly stated that the Chinese Malaysians must be prepared for a backlash from the Malay community given their betrayal in the recent elections. UPDATE: 3/06/13: JUA sent by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders. No response as of May 2014. UPDATE: On 28 May 2013, the police issued an arrest warrant against Mr. Hishamuddin Rais, political activist affiliated to Bersih 2.0, after he reportedly made a seditious statement at a public forum at the Kuala Lumpur and Selangor Chinese Assembly Hall on 13 May 2013. On 29 May 2013, he surrendered himself at the Kuala Lumpur Sessions Court, and was charged under Section 4(1)(b) of the Sedition Act. He is due to appear before the court on 2 July 2013. On 5 June 2013, Mr. Badrul Hisham Shaharin, leader of PKR, was charged under Section 9(1) of the Peaceful Assembly Act by the Petaling Jaya Sessions Court because he allegedly failed to notify the police about a rally he had organized on 25 May 2013 in Padang Timur, Petaling Jaya. He claimed trial, and the Court set 9 July 2013 for case management. On 15 June 2013, Mr. Edy Noor, Mr. Shariful Azmir Mustafa, Mr. Abdul Aziz, Mr. Anwar Yaacob, Mr. Sky Lau Tock Sang, Mr. Gerald Tang, Mr. Safwan Shamsuddin, Ms. Zanina Mohamed, Mr. Abdul Muqit, Mr. Ekhsan, Bukharee, Mr. Ibrahim Babu, Mr. Muhamad Al Fateh, Mr. Sulaiman Harun, Mr. Roslee Mohd Shariff, and Mr. Muhd Akmal Fizani (aged 10), took part in a peaceful flash mob at the Sogo shopping mall in Kuala Lumpur, with a view to informing the public of the date of a forthcoming rally scheduled for 22 June 2013. The aforementioned activists were arrested under Section 9(1) of the Peaceful Assembly Act, and investigated under Section 9(5) of the same Act. They were all released later that day under police bail. 112 statements were taken from the aforementioned individuals (with the exception of the minor). Concerns are reiterated that the aforementioned individuals were arrested, charged or had statements taken because of the exercise of their rights to freedom of opinion and expression, and peaceful assembly. UPDATE (ADAM ADLI) 24/06/2014: a sessions court judge has ruled that the prosecution has proven a prima facie case against Adam Adli, and that he must therefore enter a defence on the charges. The defence argues that Mr. Adli's words on 13 May 2013 were in line with his right to freedom of expression under the constitution. He is scheduled to give evidence on 22 July 2014.
- Impact of Event
- 30
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Right to political participation, Right to Protest
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Nov 30, 2012
- Event Description
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
- Impact of Event
- 5
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of association
- Source
- Monitoring Status
- Not active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 11, 2013
- Event Description
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.
- Impact of Event
- 12
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Right to housing, Right to property, Right to Protest
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Sep 27, 2013
- Event Description
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.
- Impact of Event
- 1
- Violation
- Travel Restriction
- Rights Concerned
- Freedom of movement
- Source
[China Post](http://China Post | Malaysian Insider
- Monitoring Status
- Not active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Feb 14, 2019
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Land rights
- HRD
- Community-based HRD, Indigenous peoples' rights defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Dec 19, 2018
- Event Description
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
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Dec 5, 2018
- Event Description
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.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Pro-democracy activist
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Active
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Oct 28, 2018
- Event Description
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.
- Impact of Event
- 11
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly
- HRD
- Community-based HRD, Minority rights defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Aug 30, 2018
- Event Description
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?"
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement
- HRD
- Pro-democracy activist
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019
- Country
- Malaysia
- Initial Date
- Aug 8, 2018
- Event Description
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.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Online Attack and Harassment
- Rights Concerned
- Minority Rights, SOGI rights
- HRD
- SOGI rights defender
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2019