Suara Rakyat Malaysia (Suaram) today launched its annual human rights report for 2021, documenting a deterioration in civil and political rights amid the Covid-19 pandemic.
Among the contributing factors identified include the second full lockdown imposed early last year, as well as political instability that was made worse by suspending Parliament from Jan 12 until July 26, last year.
Suaram executive director Sevan Doraisamy said the right to a fair trial continued to be abused throughout last year, with 391 cases of detention without trial recorded under three laws - Security Offences (Special Measures) Act 2012 (Sosma), Prevention of Crime Act 1959 (Poca) and the Dangerous Drugs (Special Preventive Measures) Act 1985.
"The pandemic and movement restrictions did not diminish the use of such laws.
"Instead, it provided a rationale for the government to continue manipulating these laws on the grounds of crime prevention, particularly during the pandemic," Sevan said in his speech during the report's launch held at the Kuala Lumpur and Selangor Chinese Assembly Hall.
He said that Suaram had also noted authorities mainly used these security laws to tackle organised crimes.
"Overall, there was very little political will to avoid the use of these detentions without trial laws," he said, adding that only a small number of cases were granted the right to a fair trial.
However, Suaram right to fair trial coordinator Azura Nasron noted a positive development with the Dewan Rakyat's rejection in March this year of a motion to extend the enforcement of Sosma's sub-section 4(5) - allowing up to 28-days detention without trial - for another five years.
"In the absence of this subsection, police will have to abide by the Criminal Procedure Code (CPC); where if investigations against a suspect are not completed within 24 hours, the suspect will need to be brought before a magistrate to obtain a remand order.
"The 28 days detention brings about a multitude of issues on the integrity of the case being investigated.
"No check and balance from an independent judiciary, possible allegations of abuse by the police including torture and coercion, as well as doubts raised on the efficiency of the police due to extended investigations," she said.
In presenting the report's overview, Suaram documentation and monitoring officer Kenneth Cheng said the declaration of emergency in effect until last July was used to justify enforcement of other restrictive laws, including the Peaceful Assembly Act (PAA) 2012 and the repealed anti-fake news provision.
"Both the PAA and the Communications and Multimedia Act (CMA) 1998 were largely used against those who spoke up against the government, especially during the emergency rule," he said.
According to the report, Suaram recorded a list of 125 individuals or groups arrested, investigated, charged or found guilty under Section 233 of CMA between Jan 4 and Dec 26 last year.
The list ranges from senior politicians to activists and ordinary citizens, including postings related to the second #Lawan protest that was called off at the last minute following the resignation of then prime minister Muhyiddin Yassin.
Under the right to freedom of assembly, Suaram recorded 87 investigations under the PAA, including organisers and participants of the first Lawan protest in Kuala Lumpur last July.
Earlier, Suaram's staff honoured the rights group founder Kua Kia Soong following his retirement at the age of 71 after over 30 years with the organisation.
Recalling Suaram's early days, Kua said, "There is always a touch of socialism in Suaram.
"One of the things we constituted is that the human rights award we have every year will not be given to individuals, but rather communities in struggle.
"That is the gist of human rights," he said. - Mkini
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