Use other laws, not sedition, against church protestors, say lawyers

Lawyers for Liberty executive director Eric Paulsen said the Taman Medan church protestors can be charged with other laws and not the Sedition Law. – The Malaysian Insider pic, April 21, 2015Taking a principled stand against the Sedition Act, lawyers' group Lawyers for Liberty (LFL) is against investigating the Taman Medan church protestors with sedition.

LFL executive director Eric Paulsen said there were sufficient provisions in the Penal Code to deal with such mischief, that were more in line with democracy and fundamental rights, instead of the outdated Sedition Act which civil society groups want repealed.

He said LFL maintained that a moratorium should be imposed on all further sedition investigation and prosecution, and the Sedition Act should ultimately be abolished. All prosecution under the Sedition Act should similarly be dropped, he said in a statement today.

"We uphold the rights of all citizens to protest peacefully including the rights of the protesters, to speak and assemble freely without the hazards of oppressive laws, like the Sedition Act and the Peaceful Assembly Act.

"While we abhor the protesters’ provocative, intimidating and bullying behaviour, we urge caution in turning every religiously tinged protest into a criminal matter.

"A better way to regulate such misbehaviour is through society itself via dialogue, public criticism and pressure. This however, does not preclude a criminal investigation should the protesters commit a clear criminal offence, for example, had they threatened to harm the church or its members," Paulsen said.

On Sunday, some 50 people protested in front of a new church in Taman Medan in Petaling Jaya and demanded that the cross be removed because it was "challenging Islam" in the predominately-Muslim neighbourhood. The church took down the cross a few hours after the protest.

Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar yesterday cleared the protestors of sedition, saying that they were only against the location of the church in a Malay area and not against the religion of Christianity itself.

However, Home Minister Datuk Seri Ahmad Zahid Hamidi had a contrary view, saying those involved could have action taken against them for sedition.

The latest amendments to the Sedition Act passed by Parliament's lower house earlier this month include changes to specify that words or actions that stir religious and racial hatred can be deemed seditious.

Paulsen said LFL viewed with extreme concern the recent protest by Umno members, including the IGP's brother, Datuk Abdullah Abu Bakar, who is an Umno branch chief.

"The protest is a blatant act of bullying and intimidation, intended to inflame the relationship between Muslims and non-Muslims.

"We urge all parties to act with caution and not fall for such underhanded and dangerous tactics, to divide Muslims and non-Muslims by sowing distrust and fomenting a siege mentality," he said.

LFL said the authorities should remember that Malaysia is governed by the Federal Constitution as the supreme law of the land, where the rights of the minority are equally protected and not subservient to the rights of the majority, including their freedom of religion and the right to manage their own religious affairs.

- TMI