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Thursday, March 12, 2015

In Nik Nazmi, remand powers abused to strike fear in citizens, lawyers say

Selangor lawmaker Nik Nazmi Nik Ahmad was in police custody for more than a day after he was arrested for organising the #KitaLawan rally to free Datuk Seri Anwar Ibrahim. – The Malaysian Insider file pic, March 11, 2015. Selangor lawmaker Nik Nazmi Nik Ahmad was in police custody for more than a day after he was arrested for organising the #KitaLawan rally to free Datuk Seri Anwar Ibrahim. – The Malaysian Insider file pic, March 11, 2015.
Police are abusing the power to remand suspects beyond 24 hours, lawyers said in response to the three-day remand order for Selangor lawmaker Nik Nazmi Nik Ahmad for organising the #KitaLawan rally to free Anwar held on Saturday.
Keeping him under police custody for more than a day for investigations that did not involve crimes like rape or murder was tantamount to punishing and humiliating the opposition politician, lawyers added.
They said in this case, police could have started investigations first and then record Nik Nazmi’s statement.
Lawyer Edmund Bon said Nik Nazmi's case was simple and straight forward and the investigating officer could have completed his task within 24 hours.
"There is no reason to keep him in a lock-up and I think it was to harass the politician," he said.
Nik Nazmi, who is the Seri Setia assemblyman, is also a state executive councillor and PKR Youth chief.
Bon said Nik Nazmi could file a civil action against the police for holding him in custody unnecessarily and for violating his personal freedom.
"It should be tested in a court of law to determine whether the police had the right to hold Nik Nazmi beyond one day for organising a rally."
Nik Nazmi had gone to the Dang Wangi police headquarters on Sunday morning to record his statement over his role as organiser of the #KitaLawan rally in Kuala Lumpur on Saturday.
However, he was kept in a lock-up at the Jinjang police station. Police also obtained a three-day remand order from the magistrate's court.
He was released on police bail at 8.20pm yesterday. 
But he has filed a revision in the High Court to challenge a magistrate's decision to remand him for three days.
His lawyer Eric Paulsen said Nik Nazmi had been held under Section 9 (5) of the Peaceful Assembly Act (PAA) and Section 143 of the Penal Code.
Nik Nazmi, however, had been acquitted by the Court of Appeal last year of breaking the PAA. But police have said Nik Nazmi's earlier charges under the same law meant he was a "repeat offender".
Lawyer N. Surendran said this was an "absurd" claim.
"He was charged at least two times but the courts have acquitted him and so he being a habitual offender does not make sense," said Surendran, who is also Padang Serai MP.
He said police must know that after the Court of Appeal’s landmark ruling in Nik Nazmi v Public Prosecutor last year, Section 9(5) of the PAA that penalised organisers of peaceful assemblies with a fine of up to RM10,000 if they failed to provide the requisite 10 days’ notice, was no longer good law.
"Police are actually investigating Nik Nazmi on a provision that is no longer in the statute book.”
Using the Penal Code provision against Nik Nazmi was also invalid, Surendran added. It would only apply if Nik Nazmi had rioted or created public disorder.
Surendran said Saturday's rally was peaceful and there was not a single arrest.
"In fact, policemen on duty facilitated the event like helping in the smooth traffic flow.”
Police only began hauling up rally organisers the next day.
Lawyer M. Visvanathan said this was a case where police need not keep Nik Nazmi in custody for 24 hours and later apply for remand to complete investigation.
In fact, he said police should have started their investigation on Saturday and could have just recorded a statement from Nik Nazmi before the public prosecutor decided to press a charge.
"This is not a murder or rape case where a suspect had the opportunity to intimidate witnesses or tamper with evidence. In this case, everyone knew that a rally took place on Saturday," he said.
Visvanathan said the harsh action against a person holding public office appeared to send a strong message to others that they would undergo a similar experience like Nik Nazmi for disobeying the police.
A total of five PR leaders have been arrested over Saturday's #KitaLawan rally.
Besides Nik Nazmi, the others were PKR secretary-general Rafizi Ramli, party central leadership council member Fariz, and Saifullah who is the Kelana Jaya PKR Youth leader.
The fifth and latest arrest is of PAS Youth treasurer Mohd Fakhrul Razi who was detained at about 2pm today, also over the rally.
Fariz is still under remand at the Jinjang police station and is expected to be released tomorrow.
Saifullah was held for three days and released yesterday.
Rafizi was held only briefly for questioning before being released last night, after he had gone to lodge a police report against the 1Malaysia Development Bhd fund.
- TMI

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