Malaysia: Drop investigation and halt intimidation of activists

 

 

 

 

 

 

 

 

Hamzah Zainudin
Minister of Home Affairs of Malaysia
Block D1, D2 & D9, Complex D, 
Federal Government Administrative Centre 
62546 Putrajaya, Kuala Lumpur

We are writing on behalf of five civil society organisations including CIVICUS: World Alliance for Citizen Participation, Asia Democracy Network (ADN), Asian Forum for Human Rights and Development (FORUM-ASIA), Front Line and WITNESS with regards to our concerns around police investigations into at least six activists and human rights defenders around an animated film about torture in police custody. 

The four-minute animated film, titled “Chilli Powder & Thinner”, is based on the testimony of a 16-year-old boy who was allegedly arrested and beaten up by police along with two other individuals. One method illustrated in the film - the application of chili powder and paint thinner to the skin - is the source of the film’s name.

On 2 July 2021, Freedom Film Network co-founder Anna Har and cartoonist Amin Landak were called in by the police for questioning around the film. An hour later, police also raided the office of the Freedom Film Network as well as the home of Amin Landak. The police confiscated computers, modems, routers, pen drives, microphones and related equipment.

The two activists are being investigated under Section 500 of the Penal Code for defamation, Section 505 (b) of the Penal Code for statements that could cause public alarm and distress, and Section 233 (1) (a) of the Communications and Multimedia Act for improper use of network facilities. 

On 6 July 2021, three members of human rights groups SUARAM including Sevan Doraisamy, Mohammad Alshatri, Kua Kia Soong and a guest panel speaker at the forum from Misi Solidariti, Sharon Wah, were also called in for questioning by the police in relation to the film. 

We are extremely concerned about the probe into the six activists by the police for their work in creating awareness around police abuse. The right to freedom of opinion and expression includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.” This right is guaranteed in the Malaysian Constitution as well as Article 19 of the Universal Declaration of Human Rights. Instead of targeting them, the authorities should rather focus on investigating the allegations of police abuse highlighted in the film.

Our organisations are also concerned about the raids on their office and home which we believe are aimed to intimidate them and to create a chilling effect for those who would like to speak up and expose abuses by the authorities.

Further, the laws being used against them are extremely broad and vague and inconsistent with international law and standards. These “catch-all” provisions have been systematically used to arrest and investigate human rights defenders for the activism as well government critics. 

These actions highlight a broader pattern of human rights violations by the Perikatan Nasional government which has initiated baseless criminal proceedings against government critics, human rights defenders, journalists, and individuals expressing critical opinions, since coming to power in March 2020. It has also attempted to silence peaceful protesters and impede the formation of political parties.

It is also disappointing that such actions are being taken at a time when Malaysia is seeking for candidacy of the UN Human Right Council and has made pledges to respect and protect human right including freedom of expression. 

As such, we urge Malaysia authorities to take the following steps as a matter of priority: 

  • Immediately and unconditionally drop all investigations and stop all acts of intimidation against all the civil society activists associated with the animated short film and lift all restrictions on the exercise of their human rights;
  • Create a safe and enabling environment for activists, human rights defenders and other members of Malaysia civil society to peacefully exercise their rights to freedom of expression, association and peaceful assembly without intimidation, harassment, arrest or prosecution;
  • Review all provisions that criminalises freedom of expression in the Penal Code, the Communications and Multimedia Act and other laws and bring them in line with international law and standards.

We express our sincere hope that you will take these steps to address the human rights violations highlighted above. 

Signatories:

CIVICUS: World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has more than 10,000 members in more than 175 countries throughout the world.

The Asia Democracy Network (ADN) is a civil society-led multi-stakeholder platform dedicated to defending and promoting democracy in Asia. ADN aims to strengthen solidarity and a collective voice among Asian civil society engaged in democracy, human rights and development at the global, regional, national and local levels.

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a regional network of 81 member organisations across 21 Asian countries, with consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity-development and solidarity actions in Asia and beyond. Its regional secretariat is in Bangkok, and it has sub-regional offices in Geneva, Jakarta, and Kathmandu. 

Front Line Defenders is the Ireland-based international human rights organization that works for the security and protection of human rights defenders at risk (HRDs) around the world.

WITNESS help people use video and technology to protect and defend human rights.

Cc:

Dr. Ahmad Faisal Muhamad
Permanent Representative of Malaysia to the United Nations Office in Geneva
Acryl Sani Abdullah Sani
Inspector-General of Police (IGP), Malaysia 

 

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  • This commment is unpublished.
    JK Roe · 3 months ago
    Indeed a sad day for human rights when Malaysia and a host of other rogue countries being given seats on UN Human Rights Council.

    Countries which are known to have divisive, abusive and discriminatory actions and policies are celebrated by the UN. The one organization which had the power to send a clear message, instead chose to turn a blind eye.

    How can these countries speak of human rights, when they are abusers?

    How can these countries act against discrimination when they are practitioners of divisive policies?

    Hope for a better world is but a dream.


  • This commment is unpublished.
    JK Roe · 3 months ago
    It will be an abomination if Malaysia, having among the worst human rights record in SEA, should it be given a seat on the UN Council for Human Rights.

    Among the reasons it must not be given a seat;

    1. Signing, then retracting from ICERD under pressure from racists ,extremists, race centric opposition and royalists in 2018.
    This under the guise of protecting the Federal Constitution,

    2. Systematic implementation of discriminatory policies against minorities since 1970, and still being done today,

    . Constant harassment and arrests of activists, who are fighting to end all forms of racism and discrimination,

    The powers that be, under the pretext of fighting for race, religion and royalty, has no will, nor the interest, to right this wrong. Evident from the implementation of more discriminatory policies such as;

    1. Forcing freight companies to surrender a controlling stake (51%), if they do not already have "bumiputera" participation. Requirement deferred (not abolished) to Dec 2022 after objection from owners.

    2. No affirmative action has been taken against racist/extremists for constantly inciting hatred against minorities.
    However, the minorities will be quickly arrested and charged for saying something that hurts the majority (Malay/Muslim) race.

    It will be a slap in the face of UN if Malaysia is given a seat.

    The ruling govts have not been able to get it's own house in order with regards to human rights.

    Malaysia will not be able to lead by example on the international stage, doesn't that make sense?