MALAYSIA: Violent police attack on peaceful protestors; Ten protestors reported to be charged

Dear friends

The Asian Human Rights Commission (AHRC) has received information from SUARAM, a human rights organisation in Malaysia that on 10 November 2007 the police cracked down on a peaceful demonstration for fair and free elections in Kuala Lumpur, Malaysia. Police used teargas and water cannons to disperse the peaceful rally, which caused injuries to the protestors. 34 protestors were arrested and were released soon after. However, the police are reportedly to be considering charges for ten of them. Your urgent intervention is needed to urge all those released to be free of any charge and the government to investigate the police’ use of violence and to guarantee the right to freedom of assembly and expression.

CASE DETAILS: (Based on the information from SUARAM)

In the afternoon of 10 November 2007, the rally calling for fair and free elections in Malaysia was held in Dataran Merdeka, Kuala Lumpur. The protest was organised by BERSIH- a coalition of over 80 civil society groups and political parties, including SUARAM.

Even before the rally had started, the police had set up roadblocks to check all vehicles and buses coming in from outside Kuala Lumpur, in an attempt to prevent the protest from taking place. Several roads leading to the originally planned venue, Dataran Merdeka, were sealed off at key entry points, while train services to the station nearby the venue were disrupted. Members of the public were also subjected to checks at key locations and many were refused entry into the concerned area.

During the peaceful rally, 32 men and 2 women were reportedly arrested. They were held at IPK Jalan Hang Tuah. All 34 were released on the same day.

Those who were released by the police before 9pm, 10 November 2007 are: 

1. Salleh Puteh
2. Muhammad Haji Yaakub
3. Mariel Fong
4. Hasnah Hashim
5. Mohd. Asri Ahmad – injured
6. Mohd al-Farook – injured
7. Daud Samad
8. Raja Salim @ Raja Daud Raja Abdullah
9. Khairul Anuar Safsie
10. Khairul Amirin Safsie
11. Ahmad Asmadi Adnan
12. Haji Abdul Hamid Baharuddin – injured
13. Rawandi Repini
14. Sufian Manas
15. Haji Sulaiman Ahmad
16. Mohd. Harif Fathilah
17. Azhar Yusuf
18. Zamrol Majid
19. Shaharul Anuar Abdul Ghani
20. Mohd. Abdul Rahman Ariffin
21. Mohd. Salim Yesman
22. Abdul Rahman Mat Lodin
23. Khairul Salleh Ahmad – injured
24. Nasrullah bin Ahmad – injured

The persons released at approximately 11pm, 10 November 2007 are: 

25. Taib Abdullah
26. Ishak Othman
27. Mohd. Shafie Ismail
28. Mohd. Nazreen bin Mohd Nasir 
29. Mohd Abi Salam bin Ariffin
30. Mohd Zad
31. Yahya Mohd. Noh 
32. Mohammad bin Rifin
33. Nawi Abdullah
34. Fauzi Awang Chik

In their attempts to suppress the event from taking place, the police resorted to inhuman and violent means to control the unarmed and peaceful protestors, who were merely exercising their right to freedom of assembly and expression. Police started spraying over a dozen rounds chemical-laced water and teargas in Masjid Jamek, one of the meeting points for the rally, even before the scheduled rally had started.

Furthermore, there were eyewitness reports of plainclothes police personnel trying to harass and instigate violence in the crowd to cause uproar in the peaceful demonstration.

The police deployed altogether 4,000 personnel to deal with the rally. This included the Federal Reserve Unit and also at least police force from three police districts in Kuala Lumpur, namely Sentul, Dang Wangi, and Brickfields.

According to the information we have received, the police were armed with shields, batons and some even with guns. We have been informed of civilians who were pushed, kicked and trampled on by members of the police force. Individuals were injured and sent to be hospitalised. One protestor, identified as Aleyasak Hamid, has reportedly broken his leg due to being stepped on by a police officer, and was sent to the General Hospital, Kuala Lumpur (Hospital Kuala Lumpur).

Ten of the detainees, taken into police custody at the rally. They were later released and are required to report back to the police station on 10 December 2007 to see if they will be charged. The police have also summoned four key organisers in for questioning. They went be going to the police station on Thursday, 15 November 2007 to have their statement recorded by police. The four are Mohammad Sabu (vice president of Pan Malaysia Islamic Party, Sivarasa Rasiah (Vice president of People’s Justice Party), Ronnie Liu (secretary of International Bureau of Democratic Action Party) and Dr Syed Azman Syed Ahmad Nawawi (central committee member of Pan Malaysia Islamic Party).

It is also reported that the national police chief Musa Hassan has threatened to take action against parents who have brought their children to the rally on the ground that they were irresponsible by putting their children at risk in the rally. This accusation is completely unfounded in reasoning and in law.

The extreme attempts by the police to stifle the chance for members of the public to hold a peaceful demonstration, even resorting to violent means of control such as water cannons and teargas, arbitrary arrests, and physical abuse, suggests that the government is trying to suppress any voicing or action of public dissent in view of the upcoming general elections due to be held. The police appeared to be motivated to end the rally by force rather than to ensure public order and safety during the rally.

We strongly urge that all those released be free of any charges. The police must be held accountable for the use of violence upon protestors. Furthermore, the freedom of assembly must be protected from the domestic law as well as the international human rights law.

ADDITIONAL COMMENTS:

Even though freedom of assembly and expression is guaranteed by the Article 10 of the Federal Constitution of Malaysia, they are in practice restricted by the law, Police act.

Under section 27(2) of the Police act, organizers of public assembly have to apply police permit for public assembly. It has to be applied by an organisation or jointly by three individuals (section 27(2A)). No license will be issued for unregistered organisation (Section 27 (2d)). If rejected, organizers can appeal to the commissioner or chief police officer within forty-eight hours of refusal. The decision of the commissioner or chief police officer then will be final.

However, the permission of the demonstration is only based on the police. So the police themselves have various discretion of permission. If the police receive an order from the governor or high ranking government officers not to permit, it is difficult for the people to hold demonstration even though an organizer follows the law.

In this case, it is reported that on November 9, the Prime Minister warned that harsh actions will be faced and that he does “not like to be challenged”. It is also reported that after the rally, he further stated he approved of the way the police dealt with the protest.

SUGGESTED ACTION:
Please write to the authorities below and ask them for an independent inquiry into the incident, for legal and disciplinary action to be taken against the police, and for the protestors to be freed of all charges. Please also demand that freedom of assembly be guaranteed.

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