- 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
- 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, Judicial Harassment
- 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
- Enactment of repressive legislation and policies, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, 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
- 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 defender, 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 defender, 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
- Offline, Right to liberty and security
- 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
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 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
- May 10, 2019
- Event Description
(New York) " Malaysian authorities forcibly returned a Thai asylum seeker to Thailand where she faces likely persecution for her peaceful political activities, Human Rights Watch said today. Praphan Pipithnamporn, who was registered as an asylum seeker by the United Nations High Commissioner for Refugees (UNHCR), was repatriated to Bangkok on May 10, 2019, in violation of Malaysia's international legal obligations, and detained by Thai authorities. "Malaysia's flouting of international law has placed a Thai activist at grave risk of arbitrary detention and an unjust prosecution in Thailand" said Brad Adams, Asia director at Human Rights Watch. "Malaysian authorities have an obligation to protect asylum seekers like Praphan from being forcibly returned to the risk of being persecuted for their peaceful political views." On April 24, Malaysian police arrested Praphan at the request of Thai authorities. They sent her back to Thailand based on a Thai arrest warrant issued in January, accusing her of sedition and organized crime for her involvement with the Organization for Thai Federation, a peaceful anti-monarchy group. Prior to fleeing to Malaysia, Praphan faced intimidation from Thai authorities. She was arrested several times between September and December 2018, and held in incommunicado military detention. She told Human Rights Watch the threats intensified after she participated in peaceful anti-monarchy activity during the birthday memorial for the late King Rama IX on December 5. On that day, she wore a black t-shirt with a logo of her group and handed out leaflets criticizing the monarchy in a Bangkok shopping mall. Fearing for her safety, Praphan fled to Malaysia in January, and applied for refugee status with UNHCR in Kuala Lumpur. On April 2, the refugee agency registered her claim as an asylum seeker and designated her a "person of concern." Under customary international law, Malaysia is obligated to ensure that no one is forcibly sent to a place where they would risk being subjected to persecution, torture, or other serious human rights violations. Since the May 2014 military coup, Thai authorities have aggressively pursued anti-monarchy activists who have fled to neighboring countries " particularly those affiliated with the Organization for Thai Federation, which the Thai government considers an outlaw group. The Thai government has repeatedly demanded that Malaysia and other governments hand over exiled Thai political activists. Human Rights Watch expressed serious concerns about the safety of those repatriated to Thailand, after three anti-monarchy activists whom Vietnamese authorities returned on May 8 were then forcibly disappeared. "UN agencies and concerned governments should speak out about the heightened crackdown on dissent and the recent enforced disappearances in Thailand" Adams said. "Neighboring countries should not be contributing to Thailand's increasingly dire human rights situation by sending asylum seekers into harm's way."
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Deportation, Judicial Harassment
- Rights Concerned
- Freedom of movement, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 19, 2019
- Country
- Malaysia
- Initial Date
- Apr 16, 2019
- Event Description
Gay rights activist Numan Afifi has been called up by the police over a speech made at the United Nations Human Rights Council (UNHCR) in Geneva in March. In a statement on Facebook on Tuesday (April 16), Numan said the police asked him to give a statement at Bukit Aman on April 26 to assist in investigation over a speech that was made at the UNHRC Universial Periodical Review (UPR). The lesbian, gay, bisexual, transgender (LGBT) activist said he had read out a statement on gender identity and sexual orientation under the International Lesbian and Gay Association. "The statement that I read was made by a coalition of 12 Malaysian organisations that work on gender identity and sexual orientation" he told The Star, adding that the statement was in response to Malaysia's UPR. "We commended the government for accepting one recommendation, which is the anti-bullying campaign in schools, but raised concerns that Malaysia has rejected the rest of the 10 recommendations on sexual orientation and gender identity" he said. "We also spoke about how LGBT people's participation at the March 9th Women's March was particularly sensationalised... which led to the Home Ministry saying that LGBT people's right to assembly should be curtailed" he said. Numan added that they also agreed with the Foreign Ministry's statement in the UN that LGBT issues was not taboo. They called for dialogue between the government and civil society, he said. However, Numan said he was unsure whether the police investigation was directed specifically at his speech, or if it involved the other nine NGOs who also spoke at the UPR. "I will not bow down to these acts to harass or intimidate me as a human rights defender in Malaysia," Numan said. "I fight for all human rights and will continue doing so. Stand in solidarity with us as we enlarge civil space in Malaysia and condemn those who attempt to shrink it," added Numan, who was formerly the press officer to Youth and Sports Minister Syed Saddiq Abdul Rahman. Meanwhile, Foreign Minister Saifuddin Abdullah said on Twitter that he was aware of the issue. "Am very concern (sic)" he tweeted. Read more at"https://www.thestar.com.my/news/nation/2019/04/16/activist-numan-afifi-investigated-over-lgbt-speech-at-united-nations/#WYTUbGl3yjdIyG4E.99
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment, Reprisal as Result of Communication
- Rights Concerned
- Offline, Online, SOGI rights
- HRD
- SOGI rights defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 19, 2019
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