This is the last episode of an increasing repressive climate threatening the right to freedom of peaceful assembly in Malaysia. On 9 December, eight lawyers and activists were arrested while they were participating in a peaceful march in conjunction the Human Rights Day. Another lawyer was arrested the same day in front of the Malaysian Bar office.
A rally was organized by Hindu Rights Action Force (HINDRAF), a NGO defending the rights of the Indian minority in Malaysia, on 25 November 2007. It was violently repressed by the police, and turned violent. Approximately 136 persons were allegedly arrested, and subsequently released. However, 99 of them are currently being prosecuted either under the Police Act which stipulates the need to have a police permit to gather, or under the Penal Code, for rioting or for participating or joining in an unlawful assembly. 31 persons are also charged with attempting to murder a policeman during the rally. Many of them face prison sentences.
Last month, at least two government leaders have made statements warning that the government would use the Internal Security Act (ISA) against demonstrators in response to the HINDRAF rally. FIDH recalls that the UN Working Group on Arbitrary Detention considers the ISA as contrary to international human rights law since it allows long term detention without trial.
Malaysia, as a member of the UN Human Rights Council, committed to respect the highest standard of human rights protection. FIDH urges the Malaysian government to uphold its commitments, to put an immediate end to the continued crackdown on freedom of assembly, and to immediately and unconditionally release all those arrested.