Regressing on freedom of assembly

 

On Jan 22, 2022, a small but energetic demonstration took place in Kuala Lumpur.

It was the #TangkapAzamBaki rally that was organised by the Tangkap Azam Baki Action Committee (Jawatankuasa Bertindak Tangkap Azam Baki).

The rally had the support of several political parties and non-governmental organisations.

Their demands are not complicated. They wanted action to be taken against MACC chief commissioner Azam Baki. They also wanted reform within the MACC to make it truly an independent graft-busting body.

As I have written in my previous article, when an institution such as the MACC is seen to be problematic, the people will lose their trust in them. And institutions without trust are institutions that fail.

When our institutions fail, we inch ever closer to becoming a failed state.

It is therefore not surprising that many are up in arms about the current controversy surrounding Azam, which led to a demonstration being organised.

But regardless of the cause, it must be stressed that each and every Malaysian is guaranteed the right to peaceful assembly. This is the fundamental liberty enshrined in our Federal Constitution.

Peaceful Assembly Act

We have come a long way when it comes to this basic right. In 2012, almost 10 years ago, the Peaceful Assembly Act came into force.

The Act has many weaknesses, but one important element is the move from a regime that required a ‘permit’ to exercise the right to hold one that merely requires notification. The Act also recognises that the police have the responsibility to ensure this right may be exercised by the people.

It is therefore disappointing to note that a day before the #TangkapAzamBaki rally, the police informed the public that several roads in the city centre will be closed. 

The police also apparently obtained a Magistrate’s Court order under the Criminal Procedure Code to prohibit any assembly or procession relating to #TangkapAzamBaki within a 1km radius of Dataran Merdeka.

The organisers responded to this by moving the rally to Bangsar. The authorities then closed certain roads leading to the Bangsar LRT station.

On the day itself, the rally went on without any incident. No arrests were made by the authorities and by 1pm, the crowd had dispersed peacefully.

However, in the days after the demonstration, nearly 50 individuals were summoned to Brickfields police headquarters to have their statements taken. They range from politicians, politically aligned individuals, members of NGOs, students and individuals, all of whom purportedly attended the #TangkapAzamBaki rally.

There were reports that the police had come to the homes of these alleged demonstrators. Some gave statements to the police without the presence of a lawyer because they could not find one in time.

These actions by the police have been criticised by many as intimidation tactics, a callback to the days of yore when the authorities did not respect freedom of assembly.

Cause for concern

What is even more disconcerting is that the police seem to not understand the Peaceful Assembly Act. The OCPD of Brickfields issued a statement saying that members of the public are prohibited from joining any assembly ‘without permit from the police’.

This is despite the fact that the Peaceful Assembly Act, which has done away with the need for permits for assemblies, have been in force for close to 10 years.

Unfortunately, the police conduct leading up to and in the aftermath of the #TangkapAzamBaki rally is a cause for much concern.

We cannot allow the authorities to regress to the dark days of old when citizens were seen to only able to exercise their rights at the pleasure of those in power. - Mkini

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SYAHREDZAN JOHAN is a civil liberties lawyer and political secretary to Iskandar Puteri MP Lim Kit Siang.

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