Malaysia: Police must stop using brutal methods to prevent peaceful gatherings

ARTICLE 19 expresses its deep concern over the recent police actions against protesters of the “March for Justice” organised by the Teoh Beng Hock Association for Democratic Advancement (TBH-ADA). The march was organised to highlight the lack of accountability surrounding the death of Teoh Beng Hock 15 years ago at the headquarters of the Selangor Malaysian Anti-Corruption Commission (MACC). Today’s protest, which was met with unnecessary and brutal police obstruction, is unjustified and unprofessional.

“Malaysian authorities must respect, protect and fulfil the right of citizens to peacefully assemble and express their demands for justice. The obstruction and harassment of peaceful activists, resulting in physical harm, is unacceptable and warrants immediate investigation and accountability. Police must cease heavy-handed tactics and stop targeting peaceful protesters and government critics,” said Nalini Elumalai, ARTICLE 19’s Senior Malaysia Programme Manager.

The “Justice March”, which began on July 13 at Plaza Masalam in Shah Alam, is a poignant reminder of the failures of Malaysia’s democratic and penal systems. The unresolved nature of the Beng Hock case is a stark illustration of the dysfunction and lack of accountability of these institutions.

Today (July 15), during the final leg of the march, as the group approached the gates of Parliament to deliver a memorandum to the Prime Minister, they were intercepted by a police line that had formed about 100 metres from the entrance at around 10am. Despite the peaceful nature of their protest, the police refused to allow their memorandum to be delivered outside Parliament. Instead, the police chased the activists, causing Teoh Lee Lan, Teoh Beng Hock’s sister, to fall during the altercation. Shortly after the altercation, the group was allowed to deliver the memorandum at the gates of Parliament along with some MPs.

ARTICLE 19 has repeatedly called on the police and the government to respect the right to peaceful assembly. The measures taken to prevent protesters from gathering or even approaching public places such as Parliament are excessive and disrespectful of the principles of the right to protest. The right to freedom of expression and assembly is guaranteed by Article 10 of the Federal Constitution.

The UN Special Rapporteurs on freedom of assembly and the right to protest affirm that everyone must have the freedom to choose the location of a demonstration, which must be considered an integral part of its expressive purpose. States must ensure that demonstrations are recognized as a legitimate use of public space and are not treated less favorably than any other use of public space. No restrictions on the rights to freedom of expression and assembly may be imposed unless the restriction is provided for by law (legality), pursues a legitimate aim, and is necessary and proportionate.

We stand in solidarity with TBH-ADA and the family of Teoh Beng Hock in their quest for truth, justice and institutional reform, as well as in our support for TBH-ADA’s demands to Prime Minister Anwar Ibrahim.

“The Malaysian government should heed these demands and take decisive action to ensure justice for Teoh Beng Hock and prevent future deaths in custody,” Nalini said. The march was a tribute to Teoh Beng Hock and a call for transparency, accountability and reform of Malaysia’s law enforcement, which is long overdue.”

Background

Teoh Beng Hock was found dead on July 16, 2009 after being interrogated overnight at the Selangor MACC headquarters. He was then the political assistant to Selangor executive councillor Ean Yong Hian Wah. In 2011, a royal commission of inquiry determined that he had been driven to suicide after being aggressively interrogated by MACC officers. However, the Court of Appeal’s 2014 ruling contradicted this claim, attributing his death to multiple injuries caused by unknown assailants, including some MACC officers.

For more information

Nalini Elumalai, Senior Programme Manager for Malaysia (protected email)