Human rights in Malaysia post-GE14

From 1955 to 2018, the ruling coalition won every general election for the federal legislature.

In 2018, after a decade of “awakening” of civil society, after many shocking revelations about electoral practices, and after much use of archaic colonial police powers by the government, the opposition coalition came into office.

Civil society had been awakened by NGOs active in the movement for democracy under Bersih. They operated principally in the arena of human rights. They advocated for the marginalised, for those discriminated against because of their education, ethnicity, gender, and so on.

Before GE14, many “opposition” politicians frequently joined gatherings organised by NGOs. They were arrested together with other participants. Some were charged with offences defined in archaic, colonial laws. Mainly, they were held in lockups for one to three nights supposedly for investigation. Actually, they were being jailed as punishment.

Police power to detain without trial was the government’s weapon of choice to gag citizens and stifle dissent. It is a well-entrenched practice. It continues to be so.

False dawn

Anwar Ibrahim, the current prime minister, claimed for decades that he was a victim of the criminal justice system. He claimed he and his allies were targeted by the government. He spent years in jail, proclaiming his innocence. One of the hallmarks of 2018 when Pakatan Harapan assumed power was his full pardon by the Yang di-Pertuan Agong.

Prime Minister Anwar Ibrahim

Civil society rejoiced when Anwar was pardoned. It rekindled hope that there would be reform of the criminal justice system, of the police. There was hope that a police commission, like the one detailed by the 2004 Police Reform Commission would be established. There was hope that public regard for the police force would be restored.

There was hope that Suhakam would be listened to. That the Enforcement Agency Integrity Commission (EAIC) would be listened to. That the waste of police resources to “investigate” those who exercised freedom of expression would be ended.

There was hope that the people who abducted and disappeared the allegedly Shia Amri Che Mat and Christian pastor Raymond Koh would be brought to book since Suhakam, after exhaustive investigation, had concluded they were victims of the police.

Sadly, only one conclusion is possible. The “opposition” politicians are no different from the ones they blamed for all sorts of abuses.

In fact, now it’s even clearer: the job of a ruling politician is to shield the police from investigation, exposure and discipline.

It’s made clear by the enforced disappearances of Amri, Koh and the couple Joshua Hilmy and Ruth Sitepu.

Suhakam conducted exhaustive investigations into their disappearances. The commission issued reports on Amri and Koh in April 2019 and on Joshua and Ruth in April 2021.

It concluded that the police orchestrated, executed and covered up the enforced disappearances of Amri and Koh. Then prime minister, Dr Mahathir Mohamad, pooh-poohed Suhakam’s conclusions.

The open secret

Suhakam, NGOs and the public railed against Mahathir. The cabinet ordered then-home minister Muhyiddin Yassin to do what Suhakam said should be done: form a boots-on-the-ground investigation task force to do what the police failed to do.

Muhyiddin formed a task force. Some of its members had conflicts of interest in the form of two senior police officers - one freshly retired, one serving. Another was the secretary to the Police Commission. All were men.

Its name sounded like it was a “boots-on-the-ground” investigation team which Suhakam recommended but its members wore designer shoes. The terms of reference were sealed as an official secret as well!

The public railed. Some changes were made. The task force proceeded with its work. Eight months later, it submitted its report to Muhyiddin. He sealed it as an official secret. Prime ministers came and went. The task force report remained hidden.

In 2023, Amri’s wife asked the government to release the report to her for use in her civil suit against the government. The government refused and erected legal hurdles.

In 2024, the government gave her a redacted version, with many restrictions on what she could do with it. Some parts of the report were read out in court. What did it say?

It said what Amri’s wife wanted the court to say. It said the police failed to do the basic things they should have done. It said the government must order a “boots-on-the-ground” investigation. It said we are on the road to being a nation without the rule of law.

It appears that those in designer shoes said in 2020 what the Suhakam commissioners said in 2019: put boots on the ground and do what the police had not done and would not do.

I end with a few words about the Independent Police Complaints Commission (IPCC), assembled in 2024 by the Anwar government.

The Police Reform Commission wanted a police force to police the police. Wanted boots-on-the-ground. What we got was more designer shoes. One headline says it all.

The head of the police internal affairs department - grandly called “Department for Integrity and Standards (JIPS)” spoke about the IPCC recently. The story was reported under the headline “IPCC a great partner in custodial death investigations.”

That’s what he said about the institution which he’s supposed to fear. I rest my case. - Mkini

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RAMA RAMANATHAN is a former Bersih steering committee member and the spokesperson for Citizens Against Enforced Disappearances (Caged).

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.