Amnesty International Malaysia and Article 19 condemn the arrest of S Arutchelvan, the deputy chairperson of the socialist party PSM and prominent human rights defender, under Section 353 of the Penal Code for allegedly deterring public servants from discharging their duty.
His arrest, days after a peaceful march by plantation workers and activists to submit a memorandum at Parliament, is yet another blatant act of intimidation and misuse of police powers against human rights defenders in Malaysia and an impediment to Arutchelvan’s right to peacefully assemble.
On 13 August, plantation workers and activists under the Jawatankuasa Sokongan Masyarakat Ladang (JSML or Plantation Community Support Committee), supported by PSM, marched peacefully to Parliament to hand over a memorandum on a proposed plantation workers’ housing scheme law, which seeks better housing rights for plantation workers.
A week prior to the march, organisers had already informed the authorities about their plans to gather peacefully at the main gates of Parliament.
Despite this, the police were reported to have blocked, pushed and shoved participants, including Arutchelvan, as they were walking towards the gates.
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The authorities have an obligation to take reasonable steps to protect peaceful protesters and not unduly interfere without compelling justification. This includes refraining from sanctioning participants or organisers without legitimate cause.
Instead of addressing the demands of workers and facilitating the peaceful march, the authorities chose to investigate and intimidate Arutchelvan. On the evening of 13 August, the police contacted him, citing a report lodged against him for an alleged scuffle during the march.
Arul later gave his statement at the Dang Wangi Police headquarters on 14 August, where he was investigated under Section 353 of the Penal Code.
On 15 August, Arutchelvan and twelve JSML activists lodged reports against the police for the unnecessary use of force during their peaceful assembly. And on 18 August, he sought medical attention for injuries sustained after being shoved to the ground while participating in the march towards Parliament.
To date, no investigations have been conducted in response to these reports.
The next day, Arutchelvan’s lawyers were informed by police that they had been instructed to arrest him. He was required to surrender himself for arrest at the Dang Wangi Police headquarters.
On 20 August, following a PSM press conference about the police’s use of force during the protest, Arutchelvan presented himself at the Dang Wangi Police headquarters at 18:00 where he was placed under arrest – a move that was a clear act of intimidation and reprisal against a human rights defender for carrying out his duty to protect and promote human rights.
Arutchelvan’s arrest highlights a disturbing pattern: while the government publicly speaks of reform and freedom of peaceful assembly, outdated laws and heavy-handed policing are still being weaponised to silence dissent. This contradiction must end.
We call on the government to:
- Immediately and unconditionally release Arutchelvan and drop all investigations against him.
- End the crackdown on human rights defenders and peaceful protesters, and ensure they are not criminalised for exercising their rights.
- Respect and protect the right to peaceful assembly. Authorities should not prevent, hinder or restrict the right to protest, except on the limited grounds permitted under international law.
- Carry out a proper and independent investigation into the reports filed by JSML on the use of unnecessary and excessive force by the police against peaceful protesters.
- Conduct adequate training for the police to ensure they are restrained and proportionate in policing protests, and they are actively protecting protesters and others from violence.
- Halt the weaponisation of laws such as Section 353 of the Penal Code, Peaceful Assembly Act, Sedition Act, and Communications and Multimedia Act against peaceful protesters.
- Fulfil its reform commitments by reviewing and repealing laws that criminalise the right to peaceful assembly and freedom of speech and expression, in line with Malaysia’s constitutional and international human rights obligations.
We stand in solidarity with Arutchelvan and all human rights defenders. Protesting for rights must never be treated as a crime. Until intimidation and arbitrary arrests stop, Malaysia’s civic space will remain under serious threat. – Amnesty/Article 19
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
