Sarawak Association for Peoples' Aspiration (SAPA) and Sabah Sarawak Rights Australia & New Zealand (SSRANZ) have condemned the continuing “harassment” of Parti Bumi Kenyalang Voon Lee Shan.
On April 7, Voon (above) was allegedly “interviewed” by the police for the fourth time on since the Sarawak state elections in December 2021.
This time, it was due to an alleged breach of “public order” concerning a statement he published on March 18, on the citizens’ right to sue MA63 signatory governments on issues related to the Malaysia Agreement 1963 (MA63).
In his statement, he said the law does not prohibit any person who is unhappy with the formation of Malaysia.
According to the NGOs' respective presidents, Voon’s statement does not contain any threat to “public order” nor have cause any breach of peace such as unlawful assembly or rioting.
“In fact, the reason cited for the interview bears no relation to Voon’s legal opinion that people could sue on MA63 issues which is a civil matter.
“They said it appears that the police have no evidence of any breach of public order, peace or security and they were only fishing for evidence. If they really wanted to prosecute a person they should charge him with the alleged offence,” they said.
The lawyers said that the United Nations' guidelines on Human Rights Standards and Practice for the Police may have been violated by politically motivated police reports being made against opponents in political matters in Malaysia, especially before and after December 18, 2021, Sarawak state elections.
They said all members of the UN including Malaysia, are bound by its laws and rules.
According to the UN's Practice guide:
Members of the police shall exercise their functions, powers and duties as impartial servants of the general public and the Government of the day.
No member of the police may participate directly in political activities
No member of the police may be ordered or forced to exercise his or her functions or powers or deploy police resources to promote or undermine any political party or interest group, or any member of such a party or group.
The NGOs’ lawyers said that the guidelines have been badly abused in Malaysia by politically motivated people against political and social activists in the Sarawak rights movement and nationalist movement, breaching both constitutional and UN democratic principles of freedom of speech.
“While the authorities should be concerned that public activities are conducted in a peaceful and lawful manner, it has a become an accepted practise to make the proverbial ‘police report’ often lodged by members of some political party and even the police themselves, against political opponents and activists as a form of harassment and intimidation.
“Such complaints have led to a violation of UN police guidelines on human rights procedures especially involvement in policing political matters is not a police job. In fact, it may hinder proper police work by tying them down to attending to such complaints,” they added. - Mkini
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