Lawyers For Liberty (LFL) refers to Home Minister Saifuddin Nasution Ismail’s statement criticising protesters for what he claims to be irresponsible action during the assembly in front of the United States Embassy on 2 October.
He, however, has failed to address the role the police have played in escalating tension, which led to the scuffle. There are videos circulating showing how police acted aggressively, depicting a protester being put in a chokehold and a female protester dragged on the road during the incident.
One must question why there was such a heavy police presence to begin with and why protesters were initially blocked from approaching the US Embassy. Even when the protesters were moved closer, why were they barred from standing on the pedestrian walkway outside the embassy?
The US Embassy and the pedestrian walkway outside of the compound are not prohibited places under the Peaceful Assembly Act 2012, and there should have been no impediment for them to peacefully protest outside the US Embassy to begin with.
As can be seen in the protest occurring later in the day on 2 October and the continued protests the next day, nothing untoward has happened and the protest remained peaceful. There was no need for aggression or hostility by the police.
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The minister, in his fervour of his defence of the police, has not only failed to address the blockade but also the subsequent aggressive police treatment of the protesters.
I was one of the lawyers present at the Wangsa Maju police headquarters to meet the two protesters who were arrested, Kamal Aarif Kamaruddin and Isa Hazmi Zulkifli, and was only able to do so hours after their initial arrest.
Upon meeting them, the officer in charge and several other officers present refused to allow the lawyers to meet them in private as required under Section 28A(5) of the Criminal Procedure Code.
This is not only a breach of the code, but a breach of their constitutional rights to counsel under Article 5(3) of the Federal Constitution.
There is also video uploaded online recorded in the police station of the two individuals when their bail were processed. This video was taken without their consent, was obviously not part of the investigation process and has been uploaded online by a police officer.
Is the minister going to keep mum on the denial of rights to counsel of the two individuals and the breach of their privacy by the police?
Instead of casting aspersions on the protesters, the home minister should have investigated the matter thoroughly before issuing his statement. In his eagerness to condemn protesters, he forgets his duty is to the people, who have a right to peacefully assemble under Article 10(1)(b) of the Federal Constitution. It is not his job to blindly accept the police account of what happened and act as their defender.
LFL urges the home minister and the police to remember that their job is to facilitate the assembly and not to intimidate, harass or deter the public from exercising their constitutional rights. We also remind the home minister that he should first investigate the incident before making any rash statements. – LFL
Zaid Malek is the director of Lawyers For Liberty.
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