Charging #KitaLawan 9 today Putrajaya’s way of getting back at Bersih 4, says lawyer
BY ELIZABETH ZACHARIAH
MALAYSIAN INSIDER
Published: 8 September 2015 11:00 AM
The March 28 #KitaLawan rally was attended by some 10,000 people, more than the previous three #KitaLawan gatherings in Kuala Lumpur.
Published: 8 September 2015 11:00 AM
The March 28 #KitaLawan rally was attended by some 10,000 people, more than the previous three #KitaLawan gatherings in Kuala Lumpur.
Nine people are charged today with participating in the rally. – The Malaysian Insider file pic,
September 8, 2015.
The prosecution of nine people today, including an opposition MP, for participating in the March 28 #KitaLawan rally smacks of persecution, as the gathering six months ago had gone on peacefully, a lawyers’ group said.
Lawyer for Liberty (LFL) executive director Eric Paulsen said the charge came barely two weeks after the mammoth 34-hour Bersih 4 rally, which saw tens of thousands taking part in the capital city Kuala Lumpur, Kuching in Sarawak and in Kota Kinabalu, Sabah.
"This is a politically motivated charge as virtually all on the charge sheet were also involved, either as organisers or participants, in Bersih 4,” he said.
The eight are Bersih 2.0 chairman Maria Chin Abdullah, PKR's Bayan Baru MP Sim Tze Tzin, Teja assemblyman Chang Lih Kang, Semambu assemblyman Lee Chean Chung and activists Mandeep Singh, Adam Adli Abd Halim, Rozan Mat Azen, Fariz Musa and Parti Amanah Negara Youth chief Fakhrulrazi Mohd Mokhtar.
Eight are charged today under the Peaceful Assembly Act (PAA) with participating in the #KitaLawan rally on March 28 and a street protest in front of the Sogo shopping complex on February 21. Fakhrulrazi was charged with sedition for a speech made during a street protest in February leading to the #KitaLawan protest.
Sim risks losing his seat if the court fines him more than RM2,000 each.
Maria and Mandeep were the organisers of Bersih 4, while others had at some point or other, participated in the overnight rally.
Paulsen said unless property was destroyed and "real disorder" had occurred during the rally, there was no offence committed as the right to assemble was guaranteed under Article 10 of the Federal Constitution.
"This event (#KitaLawan rally) ended peacefully, just like the Bersih 4 rally. People were exercising their democratic right to assemble peacefully," he told The Malaysian Insider.
Paulsen, a human rights lawyer, said in acting against the nine, Putrajaya was sending a message that it could act against organisers and participants of peaceful assemblies even if there were no untoward incidents.
"So even if you were to demonstrate peacefully and even if the police were to facilitate traffic flow, several months down the line or even several years after that, they can just pull up the file and charge you if you were to displease the government or challenge them too much.
"There will always be something hanging over your head."
Paulsen believes that the charges against the nine were linked to the Bersih 4 rally, which was attended by tens of thousands of people, according to organisers.
"Due to the timing of the charge, I would think that this is linked to Bersih 4 because the #KitaLawan rally ended several months ago.
"Other people were arrested and later released without any charge. And now, suddenly after Bersih 4, they have decided to revive this case," the LFL co-founder said.
This was why, he said, the current case against the nine showed a clear case of double standards by the authorities, adding that the police and the Attorney-General's Chambers (AGC) were being used for political purposes.
"For us, it is a clear case of double standards and selective prosecution, which does not reflect very well on our country because the police force and the AGC are being misused to frustrate any opposition to the government.”
PKR organised a series of #KitaLawan rallies this year in support of its jailed leader, Datuk Seri Anwar Ibrahim, as well as to call for Prime Minister Datuk Seri Najib Razak's resignation.
The March 28 #KitaLawan rally had attracted some 10,000 people, more than the previous three #KitaLawan gatherings in the city centre which only attracted about 500 each time. – September 8, 2015.
- See more at: http://www.themalaysianinsider.com/malaysia/article/charging-kitalawan-8-today-putrajayas-way-of-getting-back-at-bersih-4-says#sthash.s9gPsmRb.dpuf
Lawyer for Liberty (LFL) executive director Eric Paulsen said the charge came barely two weeks after the mammoth 34-hour Bersih 4 rally, which saw tens of thousands taking part in the capital city Kuala Lumpur, Kuching in Sarawak and in Kota Kinabalu, Sabah.
"This is a politically motivated charge as virtually all on the charge sheet were also involved, either as organisers or participants, in Bersih 4,” he said.
The eight are Bersih 2.0 chairman Maria Chin Abdullah, PKR's Bayan Baru MP Sim Tze Tzin, Teja assemblyman Chang Lih Kang, Semambu assemblyman Lee Chean Chung and activists Mandeep Singh, Adam Adli Abd Halim, Rozan Mat Azen, Fariz Musa and Parti Amanah Negara Youth chief Fakhrulrazi Mohd Mokhtar.
Eight are charged today under the Peaceful Assembly Act (PAA) with participating in the #KitaLawan rally on March 28 and a street protest in front of the Sogo shopping complex on February 21. Fakhrulrazi was charged with sedition for a speech made during a street protest in February leading to the #KitaLawan protest.
Sim risks losing his seat if the court fines him more than RM2,000 each.
Maria and Mandeep were the organisers of Bersih 4, while others had at some point or other, participated in the overnight rally.
Paulsen said unless property was destroyed and "real disorder" had occurred during the rally, there was no offence committed as the right to assemble was guaranteed under Article 10 of the Federal Constitution.
"This event (#KitaLawan rally) ended peacefully, just like the Bersih 4 rally. People were exercising their democratic right to assemble peacefully," he told The Malaysian Insider.
Paulsen, a human rights lawyer, said in acting against the nine, Putrajaya was sending a message that it could act against organisers and participants of peaceful assemblies even if there were no untoward incidents.
"So even if you were to demonstrate peacefully and even if the police were to facilitate traffic flow, several months down the line or even several years after that, they can just pull up the file and charge you if you were to displease the government or challenge them too much.
"There will always be something hanging over your head."
Paulsen believes that the charges against the nine were linked to the Bersih 4 rally, which was attended by tens of thousands of people, according to organisers.
"Due to the timing of the charge, I would think that this is linked to Bersih 4 because the #KitaLawan rally ended several months ago.
"Other people were arrested and later released without any charge. And now, suddenly after Bersih 4, they have decided to revive this case," the LFL co-founder said.
This was why, he said, the current case against the nine showed a clear case of double standards by the authorities, adding that the police and the Attorney-General's Chambers (AGC) were being used for political purposes.
"For us, it is a clear case of double standards and selective prosecution, which does not reflect very well on our country because the police force and the AGC are being misused to frustrate any opposition to the government.”
PKR organised a series of #KitaLawan rallies this year in support of its jailed leader, Datuk Seri Anwar Ibrahim, as well as to call for Prime Minister Datuk Seri Najib Razak's resignation.
The March 28 #KitaLawan rally had attracted some 10,000 people, more than the previous three #KitaLawan gatherings in the city centre which only attracted about 500 each time. – September 8, 2015.
- See more at: http://www.themalaysianinsider.com/malaysia/article/charging-kitalawan-8-today-putrajayas-way-of-getting-back-at-bersih-4-says#sthash.s9gPsmRb.dpuf
