KUALA LUMPUR – Suara Rakyat Malaysia (Suaram) has called for a thorough review of police procedures in facilitating public assemblies, following the detainment of an activist during a pro-Palestine gathering yesterday outside the US Embassy here.
In a statement today, Suaram executive director Sevan Doraisamy said the arrest of Harmit Singh “tramples” on laws that safeguard the right to peacefully protest, namely Article 10(1)(b) of the Federal Constitution and the Public Assembly Act (PAA) 2012.
“Our civic space is still far from being a safe and enabling one for all to speak up on critical issues without fear and reprisals despite legal safeguards, and attitudes and/or actions by law enforcement remain a longstanding barrier hindering substantial progress on that front.
“Prohibition of tactics of intimidation should be prioritised. Grounds on which restrictions can be applied (should be) based on specific principles of necessity, proportionality and legitimacy.
“Full sensitisation of police officers via training of their role is crucial in ensuring that policing of public assemblies is done in a human rights-compliant manner,” Sevan added.
He also claimed that Harmit’s arrest was a “deprivation of liberty” and “criminalisation” of an activist participating in the Gegar Amerika gathering organised by Parti Sosialis Malaysia (PSM) to urge the US to stop selling arms and funding Israel amid its ongoing siege against Palestine.
“The ‘disobedience’ as alleged by the police for Harmit’s arrest is highly problematic, when the restriction issued by the police to not go past where the officers stood is neither necessary nor legitimate.
“There was no basis to presume that the rally would become violent (as) full compliance was given by organisers (according to) peaceful assembly procedures.”
Noting that a notice on the rally was submitted as per the PAA and a meeting was held with police before the rally, Sevan also said that non-violence has been “unwaveringly observed” by multiple other rallies held outside the US Embassy since October last year.
In a video posted by PSM on its X account yesterday, a police staffer told a group of people that Harmit was arrested because he had crossed the barrier despite being warned against doing so.
After remaining in handcuffs for about an hour, Harmit, who is also part of the Gerakan Belia Se-Punjabi Malaysia association, was required to provide his statement at the Pudu district police headquarters later that night. – February 25, 2024