Transparency International’s Malaysia chapter (TI-M) said it is disappointed with the move by the police to detain former student activist Wong Yan Ke for filming a police raid.
The group said it is also ironic that the police had begun wearing body cameras on their uniform, since 2015, to avoid “allegations from irresponsible parties”.
“The famous tagline of the police, ‘polis dan masyarakat berpisah tiada’ (the police and the community never part) is one many Malaysians have grown disillusioned with – seeing in all the past years, cases of police opacity, custodial deaths, as well as allegations of corruption.
“This divide between the police and society and the current trust deficit will only widen and increase if the police continue to refuse to communicate transparently with the rakyat, and instead choose to penalise everyone who asks questions or lifts a camera,” TI-M said in a statement last night.
Wong, who is the former University of Malaya Association of New Youth (Umany) president, was arrested last Saturday, when police carried out a raid on his successor, Yap Wen Qing, in Petaling Jaya.
Several men in plainclothes, also believed to be police, then demanded that Wong (below, right) stop his recording, after which the video feed he was streaming to Facebook ended abruptly.
He was then arrested under Section 186 of the Penal Code and released under police bail. The provision concerns the obstruction of a public servant in discharging his or her public functions.
TI-M said that to any reasonable person, simply recording the actions of police officers is not tantamount to obstructing public officers.
It added that every person has a right to ask police officers to identify themselves and to see their authority cards. They also have a right to know why they are being searched, questioned or detained.
“The police have sufficiently broad and unrestricted powers to carry out their duties and disclosing relevant information on how their powers are being used (especially for crimes that are not violent in nature) in a transparent manner does not hinder their work.
“This is the practice in many countries around the world with a professional police force – if their powers are being used appropriately, there is nothing to hide,” it said.
Electoral reform group Bersih called on the police to cease investigations against Umany.
“Bersih condemns any action by the authorities that impede the people from expressing their views peacefully on issues in our country. Enforcement of law to those who were merely voicing out their opinion is a form of intimidation and contradicts human rights principles.
“Article 10 of the Federal Constitution also clearly guarantees people's right to express their views freely,” Bersih said last night.
The group also accused the police of bias in their investigations, as Senate President Rais Yatim (below) had also raised questions over the Yang di-Pertuan Agong’s exercise of his powers in a Twitter post on Oct 26.
“If by raising and discussing an issue related to the Constitution is regarded as legitimate for Rais, then the police should also immediately stop investigating the Umany students,” it added.
The police are currently investigating the student group under the Sedition Act 1948 and Section 233 of the Communications and Multimedia Act 1998.
This is over the group’s statement on Oct 30 that questioned the Agong’s decision not to make a proclamation of emergency, despite the cabinet’s recommendations.
Both Rais and Umany had noted that under Article 40 of the Federal Constitution, the king must act in accordance with the cabinet’s advice, except on three matters - the appointment of the prime minister, in refusing a request to dissolve Parliament and in convening a meeting among the Malay rulers. - Mkini
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