ARTICLE 19 expresses deep concern over the recent police actions against protesters in the “Walk for Justice” organised by the Teoh Beng Hock Association for Democratic Advancement (TBH-ADA). The walk was organised to highlight the lack of accountability surrounding Teoh Beng Hock’s death 15 years ago at the Selangor Malaysia Anti Corruption Commission (MACC) headquarters. Today’s protest, which was met with unnecessary and heavy-handed obstruction by the police is uncalled for and unprofessional.
“The Malaysian authorities must respect, protect and fullfil citizens’ rights to peacefully assemble and to express their demands for justice. The obstruction and the harassment of peaceful activists, leading to physical harm, is unacceptable and warrants immediate investigation and accountability. The police must cease all heavy-handed tactics and stop targeting peaceful protesters and government critics.” said Senior Malaysia Programme Officer at ARTICLE 19, Nalini Elumalai.
The ‘Walk for Justice’ which began on 13 July at the Plaza Masalam in Shah Alam, is a poignant reminder of the failures within Malaysia’s democratic and criminal justice systems. The persistent unresolved nature of Beng Hock’s case starkly illustrates these institutions’ dysfunctionality and lack of accountability.
Today, 15 July, during the final leg of the walk, as the group approached the Parliament gates to submit a memorandum to the Prime Minister, they were intercepted by a barrier of police personnel that had formed approximately 100m from the entrance at around 10 am. Despite the peaceful nature of their demonstration, the police refused to allow the submission of their memorandum in front of Parliament. Instead, the police pursued the activists causing Teoh Lee Lan, the sister of Teoh Beng Hock to fall during the altercation. Shortly after the altercation, the group were allowed to deliver the memorandum at the Parliament gate together with some Members of Parliament.
ARTICLE 19 has repeatedly called on the police and the government to respect the right to peaceful assembly. The ongoing blocking of protesters from gathering or even from approaching public places like Parliament is overreaching and disrespectful of the principles of the right to protest. The right to freedom of expression and assembly is guaranteed under Article 10 of the Federal Constitution.
The UN Special Rapporteurs on Freedom of Assembly and the right to protest principles states that everyone should have the freedom to choose the location of a protest, which should be considered integral to its expressive purpose. States should ensure that protests are recognised as a legitimate use of public space and not treated less favourably than any other uses of public space. No restriction on the rights to freedom of expression, assembly, may be imposed unless the restriction, is prescribed by law (legality); pursues a legitimate aim and necessary and proportionate.
We stand in solidarity with TBH-ADA and Teoh Beng Hock’s family in their pursuit of truth, justice, and institutional reform as well as in support of 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 custodial deaths, said Nalini. The walk was a way to remember Teoh Beng Hock and a call for transparency, accountability, and reform within Malaysia’s law enforcement agencies that has been long overdue.”
Background
Teoh Beng Hock was found dead on 16 July 2009 after being questioned overnight at the Selangor MACC headquarters. He was then the political aide to Selangor executive councilor Ean Yong Hian Wah. A Royal Commission of Inquiry in 2011 determined that he was driven to commit suicide following aggressive questioning by MACC officers. However, the 2014 Court of Appeal ruling contradicted this, attributing his death to multiple injuries caused by unknown persons, including some MACC officers.
For more information
Nalini Elumalai, Senior Malaysia Programme Officer [email protected]