Lawyers for Liberty (LFL) refers to the arrest of Sevan Doraisamy, the executive director of the local NGO Suaram, yesterday by the police purportedly for a probe under the Protected Areas and Protected Places Act 1959.
The police have since issued a statement denying that it was an arrest. This statement was supported by the Ministry of Home Affairs, which also warned members of the public from making “unnecessary speculation” on the matter and to comply with the Communications and Multimedia Act 1998 (CMA).
What is appalling is that not only have the police blatantly lied in their statement, but the ministry has issued a threat to the public against discussing the arrest of a prominent activist. This is a matter of grave concern.
The videos of the arrest of Sevan are publicly available. It clearly shows that the police demanded that Sevan go with them to the police station immediately, refusing his request to have his statement recorded the next day instead. It is obvious he had no other option but to go to the police station as demanded. In accordance with the Criminal Procedure Code and case law, this is a clear-cut arrest.
Since the arrest was solely for the purpose of recording Sevan’s statement, it is high-handed, unlawful and a blatant abuse of police powers. The law is clear that the police cannot simply arrest someone for the purpose of compelling them to give a statement to the police.
The videos serve as absolute proof that the denial made by the police is baseless and dishonest. Did no one from the ministry at least look at the clips before coming out with a statement that is contrary to the video evidence?
It is important to bear in mind that Sevan’s arrest was made due to his and Sosma detainees’ family members insistence on meeting a representative of the ministry to discuss their woes and demands.
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This is not the first time such an arrest has occurred; a similar event transpired on 6 February, when student activists showing solidarity with one of their members at the Wangsa Maju Police headquarters were arrested by the police purportedly to record their statements.
These unlawful arrests indicate an emerging trend of harassment and intimidation towards activists, which the ministry appears to be encouraging by defending their unlawful actions.
Is the “unity government” now beyond reproach, that the police will now arrest activists who wish to make their grievances known to the government, and members of the public are threatened with action under the CMA should they comment on the arrests?
The government’s approval of these draconian tactics is disappointing and atrocious, especially when one considers that it is helmed by Anwar Ibrahim and other members of Pakatan Harapan, including the home minister himself, who are no strangers to activism and protests.
A government that supposedly stands on a platform of reform cannot morally claim to do so if it endorses acts of authoritarianism.
LFL thus urges the government to respect the people’s right to exercise their right to free speech and peaceful assembly under Article 10 of the Federal Constitution and ensure that everyone can freely exercise those rights without harassment and intimidation from enforcement authorities.
Unlawful arrests must not be defended and should be ferociously condemned as an affront to Article 5 of the Constitution, which guarantees the protection of liberty for all. – LFL
Zaid Malek is director of Lawyers for Liberty.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
