Uwazi

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

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

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

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

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

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

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

The film remains available on YouTube.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

She then thanked those who stood in solidarity with her.

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

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

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

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

Syeda said her husband was never a policeman.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Intimidation tactics

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

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

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

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

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

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

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

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

Paper trail

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

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

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

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

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

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

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

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

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

Transnational repression

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Our demands are very clear,” he said.

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

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

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

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

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

ALLEGATIONS

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

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

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

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

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

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

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

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

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

CONCERNS

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

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

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

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

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

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

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

Exposing stock market manipulation

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

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

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

Acid attack in similar case

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Symbol

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Media advocacy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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