Lies followed by threats in arrest of Suaram director

We refer to the arrest of Sevan Doraisamy, the executive director of the local NGO Suaram, yesterday by the police purportedly for a probe under the Protected Areas and Protected Places Act 1959.

 
The police have since issued a statement denying that it was an arrest and this statement was supported by the home ministry, who also warned members of the public from making “unnecessary speculation” on the matter and to comply with the Communications and Multimedia Act.
 
What is appalling is that not only have the police blatantly lied in their statement, but the home ministry have issued a threat to the public from discussing the arrest of a prominent activist. This is a matter of grave concern.
 
The videos of the arrest of Sevan are publicly available. It clearly shows that the police demanded that Sevan go with them to the police station immediately, refusing his request to have his statement recorded the next day instead.

It is obvious that he had no other option but to go to the police station as demanded. In accordance with the criminal procedure code and case law, this is a clear-cut arrest.
 
Since the arrest was solely for the purpose of recording Sevan’s statement, it is high-handed, unlawful and a blatant abuse of police powers. The law is clear that the police cannot simply arrest someone for the purpose of compelling them to give a statement to the police.
 
The videos serve as absolute proof that the denial made by the police is baseless and dishonest. 

Did no one from the home ministry at least look at the clips before coming out with a statement that is contrary to the video evidence?
 
It is important to bear in mind that Sevan’s arrest was made due to him and family members of Sosma detainees’ insistence on meeting with a representative of the home ministry to discuss their woes and demands.
 
This is not the first time such an arrest has occurred; a similar event transpired on Feb 6, where student activists showing solidarity to one of their members at the Wangsa Maju police headquarters were arrested by the police purportedly to record their statements.
 
These unlawful arrests indicate an emerging trend of harassment and intimidation towards activists, which the home ministry appears to be encouraging by defending their unlawful actions.
 
Is the government now beyond reproach, that the police will now arrest activists who wish to make their grievances known to the government, and members of the general public threatened with action under the CMA should they comment on the arrests?
 
The government’s approval of these draconian tactics is disappointing and atrocious, especially when one considers that it is helmed by Anwae Ibrahim and other members of Pakatan Harapan, including the home minister himself, who are no strangers to activism and protests.
 
The government that supposedly stands on the platform of reform cannot morally claim to do so if they endorse acts of authoritarianism.
 
We thus urge the government to respect the people’s right to exercise their right to free speech and peacefully assemble under Article 10 of the Federal Constitution and ensure that everyone can freely exercise those rights without harassment and intimidation from enforcement authorities. 

Unlawful arrests must not be defended and should be ferociously condemned as an affront to Article 5 of the Constitution, which guarantees the protection of liberty for all.
 
Zaid Malek is director of Lawyers for Liberty.