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Suara Rakyat Malaysia (SUARAM) welcomes the Attorney-General’s Chambers’ (AGC) decision to drop charges against student activist and Gempur Rasuah Sabah rally coordinator Fadhil Kasim, a move that aligns with the moratorium on ongoing Peaceful Assembly Act (PAA) investigations announced by Prime Minister Anwar Ibrahim two weeks ago. However, this charge should never have happened in the first place. The anti-corruption rallies involving university students were explicitly mentioned by Prime Minister Anwar Ibrahim among the investigations under the Peaceful Assembly Act (PAA) that would be immediately halted due to the moratorium. Furthermore, whilst mentioning that Section 11 will be removed, Anwar also acknowledged that the owner’s permission requirement appears in multiple provisions of the PAA - signalling that the moratorium was thus intended to cover all such provisions. The weaponisation of Section 9(5) against Fadhil over the owner permission requirement contradicts the moratorium’s intent, which was to not only render the said requirement obsolete, but also recognise that the right to peaceful assembly in public spaces should not be contingent on the “permission” of local authorities who are merely stewards of these spaces. The selective enforcement of the PAA is further evident in the fact that the anti-corruption rally in Kuala Lumpur, held under similar circumstances, commendably faced no repercussions. Resounding the Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform), all forms of peaceful advocacy should be “encouraged, not stifled”. This requires fully upholding the spirit of facilitation, which also means that authorities do not circumvent the PAA’s legal framework by misusing other laws to suppress peaceful activism. Yet, SUARAM Programme Manager Azura Nasron, a family member of a SOSMA detainee and myself are currently facing charges under Section 5 of the Protected Areas and Protected Places Act, despite being present at the Home Ministry (MOHA) solely to facilitate the SOSMA detainees’ families handover of a memorandum on issues faced by detainees to MOHA representatives. Contrary to allegations made that we trespassed into the MOHA complex without a ‘valid pass’, we were denied entry despite a scheduled appointment and forced to wait outside for 2.5 hours without justification. We made multiple requests for an entry pass, which were all ignored. Whilst the charges are temporarily postponed as of 24 February, their mere existence sets a concerning precedent for restricting the right to peaceful assembly outside government buildings - a critical avenue for redress on issues faced, policy advocacy and democratic expression. SUARAM urges that all authorities uphold the moratorium in good faith and cease all unjust investigations and prosecutions against assembly organisers. The PAA reforms must be fully and consistently implemented, in line with the Prime Minister’s assurances that the law will shift toward facilitation, not suppression.

Suara Rakyat Malaysia (SUARAM) welcomes the Home Ministry’s commitment to reviewing key aspects of the Security Offences (Special Measures) Act 2012 (SOSMA), and the establishment of a Special Committee to refine the proposed amendments. We, however, emphasise that the SOSMA amendments must be tabled in the July parliamentary sitting without postponement. For a balanced and rights-based approach, it is crucial that the Special Committee includes critical non-government stakeholders—such as civil society organisations (CSOs) and criminologists —alongside ministry representatives and law enforcement. Limiting discussions to security agencies alone risks the serious right to fair trial violations enabled by SOSMA being unaddressed. As the Special Committee deliberates on the proposed amendments, the rights of detainees must remain a primary consideration. For the establishment of a special SOSMA court as a critical measure to address case backlogs, for instance, a review of due process safeguards, including evidentiary standards, can be concurrently undertaken to ensure that fair trial rights are strengthened for detainees. SUARAM looks forward to concrete steps from the Home Ministry in ensuring an inclusive, timely and transparent review process of SOSMA, leading to meaningful amendments tabled by the July parliamentary sitting. The government's early efforts in 2023 to consult multisectoral stakeholders about the SOSMA amendments were a crucial step forward - the momentum that was recently regained must now be translated into decisive action.

SUARAM welcomes the Prime Minister’s directive for a review and reassessment of the Security Offences (Special Measures) Act 2012 (SOSMA). However, this step must not delay the long overdue amendments. Comprehensive stakeholder engagements were already conducted by then Deputy Minister in the Prime Minister's Department in charge of Law and Institutional Reforms Ramkarpal Singh in 2023, with detailed recommendations for amendments submitted to the Home Ministry. What is needed now is not another round of reviews, but swift action to implement these amendments without further delay. Among the amendments that SUARAM hopes to see is the abolition of Section 4(5) on the 28-day pre-charge detention without judicial oversight, as it contravenes the right to fair trial and creates conditions ripe for torture and ill-treatment in custody. We also call for the amendment to Section 13(1) that will grant all detainees the right to apply for bail, similar to provisions on bail in the Criminal Procedure Code - instead of the current provision that limits bail applications to only women, children and the sick or infirm. Limiting the circumstances under which bail can be applied for goes against the presumption of innocence and inflicts severe socioeconomic harm on detainees’ families, often plunging them into financial distress and affecting the wellbeing and education of their children. On this note, the Home Ministry must immediately set a clear timeline for tabling the SOSMA amendments in Parliament and to impose a moratorium on all ongoing and future SOSMA cases until these critical reforms are implemented.

SUARAM mengalu-alukan arahan Perdana Menteri untuk menyemak dan menilai semula Akta Kesalahan Keselamatan (Langkah-Langkah Khas) 2012 (SOSMA). Namun, langkah ini tidak wajar dilengahkan kerana pindaan ini telah lama tertangguh. Pada tahun 2023 lalu, sesi libat urus yang menyeluruh telah pun dijalankan oleh mantan Timbalan Menteri di Jabatan Perdana Menteri (Undang-Undang dan Reformasi Institusi), Ramkarpal Singh dengan cadangan pindaan yang terperinci telah pun dikemukakan kepada Kementerian Dalam Negeri. Apa yang diperlukan kini bukan lagi semakan tambahan, tetapi tindakan segera untuk melaksanakan pindaan ini tanpa sebarang kelewatan.   Antara pindaan yang ingin disaksikan oleh SUARAM adalah pemansuhan Seksyen 4(5) mengenai penahanan sebelum pendakwaan selama 28 hari tanpa pengawasan kehakiman, kerana ia bercanggah dengan hak kepada perbicaraan yang adil serta membuka ruang kepada penyeksaan dan layanan buruk dalam tahanan. Kami juga menggesa pindaan terhadap Seksyen 13(1) supaya semua tahanan diberikan hak untuk memohon jaminan, selaras dengan peruntukan jaminan dalam Kanun Tatacara Jenayah – berbanding peruntukan sedia ada yang hanya membenarkan permohonan jaminan bagi wanita, kanak-kanak, serta mereka yang sakit atau uzur. Sekatan terhadap hak untuk memohon jaminan ini bercanggah dengan prinsip anggapan tidak bersalah dan memberi kesan sosioekonomi yang teruk kepada keluarga tahanan, dimana ramai dalam kalangan mereka terjerumus ke dalam kesulitan kewangan serta menjejaskan kebajikan dan pendidikan anak-anak mereka.   Sehubungan itu, Kementerian Dalam Negeri mesti segera menetapkan garis masa yang jelas untuk membentangkan pindaan SOSMA di Parlimen serta melaksanakan moratorium ke atas semua kes SOSMA yang sedang berjalan dan akan datang sehingga reformasi kritikal ini dilaksanakan.

Suara Rakyat Malaysia (SUARAM) strongly condemns the Prison Department’s obstruction into the custodial death of Gan Chin Eng and the alleged assault of detainees at Taiping Prison. This blatant interference undermines not only SUHAKAM’s statutory role but also Malaysia’s commitment to ensuring accountability within places of detention. The Prisons Department’s retraction of its initial approval for SUHAKAM’s investigation, despite the Commission’s legal mandate under the Human Rights Commission of Malaysia Act 1999, is an alarming abuse of authority. Claims that the inquiry must wait due to an ongoing police investigation are unfounded, as Sections 12 (2) and (3) of the said Act clarify that SUHAKAM’s investigations on human rights violations can be carried out unless the matter is pending in court. If ‘due process’ is (to be) followed as stated by Home Minister Saifuddin Nasution two days ago, then SUHAKAM’s statutory powers that are so explicitly outlined in Malaysian law should not be contravened. Saifuddin’s justification of providing cooperation in an ‘orderly and phased’ manner is both untenable and alarming when faced with SUHAKAM’s independent mandate. In cases of custodial deaths and alleged abuse by state agents, where transparent and timely investigations are essential, SUHAKAM’s independent mandate to conduct investigations without obstruction is critical to ensuring that justice is not denied to victims and their families. Allowing state authorities to dictate when and how an independent human rights body can perform its duties sets a dangerous precedent, undermining the very purpose of independent oversight. SUARAM calls on the Home Ministry to immediately ensure SUHAKAM’s unrestricted access to Taiping Prison to conduct its investigations. The Home Ministry must also, without delay, allow the Commission to visit SOSMA detainees in Sungai Buloh Prison, following allegations of torture and ill-treatment in custody from their family members, with several police reports already lodged.

Suara Rakyat Malaysia (SUARAM) welcomes the government’s proposal to remove Section 11 of the Peaceful Assembly Act. Removal of the requirement for assembly organisers to obtain approval from venue owners eliminates a significant bureaucratic barrier that has long allowed authorities to exercise discretionary power to grant or deny permission for assemblies to be held. For assemblies held in public spaces, this proposed amendment not only rightly acknowledges that these spaces belong the public, but also strengthens the police’s role in facilitating, rather than restricting, assemblies. The immediate moratorium on all ongoing investigations under Section 11 of the Act is also a commendable move forward. Post-assembly investigations have long been one of the most prevalent intimidation tactics used by authorities against organisers and participants, even when advance notice is provided. SUARAM hopes that this moratorium will serve as a catalyst for broader structural reforms to eliminate such repressive practices entirely and foster an environment where the right to peaceful assembly is fully respected. While the removal of Section 11 is a necessary step, further reforms to the police’s approach to peaceful assemblies are crucial to ensure that the right to peaceful assembly is fully protected. The five-day notification requirement must not be rigidly applied, particularly in cases of spontaneous assemblies responding to urgent developments. International human rights standards recognise that requiring advance notification for all assemblies can unduly restrict fundamental freedoms. SUARAM urges the government to introduce clear exemptions for spontaneous assemblies to ensure that this requirement does not obstruct assemblies that arise in response to pressing issues. At the same time, the notification process must be improved to reduce unnecessary bureaucratic barriers for organisers. In past assemblies such as last year’s Women’s March, notices given in-person by organisers were not accepted by the police on the basis of technicalities such as the non-completion of all questions on the form. SUARAM calls for a review of the current notification form and procedures to ensure that only essential information required for the police to facilitate assemblies is requested, preventing unnecessary administrative hurdles that undermine the right to peaceful assembly. SUARAM also urges the government to make the notification form available online and allow digital submissions to reduce logistical barriers for organisers.

This is the second time under the Madani government that family members of SOSMA detainees have resorted to a hunger strike outside the same prison (i.e,, Sungai Buloh prison) to demand the fundamental right to fair trial. Instead of responding with accountability, the government has hindered their right to peaceful assembly under Article 10 of the Federal Constitution, deploying barbed wire barricades thus forcing these families to camp right by the roadside. This is bullying and an outright abuse of power. The families are not criminals. They are demanding what the government itself once promised: the long-overdue amendments to SOSMA. Despite engagements done with NGOs and family members of SOSMA detainees dating back two years and recommendations submitted, there has been no progress. Instead, the Madani government has reverted to the same old narrative of ‘relevance’ for SOSMA’s draconian provisions, ignoring the very reforms that many who are currently in government once championed. The government must stop hiding behind empty promises. The Home Minister and relevant policymakers must meet these families immediately and receive their memorandum. Beyond immediate engagement, the Madani government must impose without delay a moratorium on the use of SOSMA. The long-delayed SOSMA amendments, including that on bail, must also be tabled in Parliament without further excuses.

Gabungan Pilihan Raya Bersih dan Adil (BERSIH) dan Suara Rakyat Malaysia (SUARAM) mengecam kenyataan Ketua Polis Dang Wangi, yang memberi amaran kepada orang ramai agar tidak menyertai Himpunan Rakyat Benci Rasuah anjuran Sekretariat Rakyat Benci Rasuah, yang dijadual pada 25 Januari 2025 ini. Kami mengingatkan Ketua Polis Dang Wangi bahawa Perlembagaan Persekutuan adalah undang-undang tertinggi negara serta hak berhimpun dan bersuara adalah hak yang dijamin oleh Perlembagaan.  Taktik menggunakan peruntukan-peruntukan kecil seperti tidak cukup pemakluman adalah taktik lapuk yang digunakan untuk mendekam suara rakyat daripada terus dilaungkan. Apatah lagi isu rasuah ini adalah isu besar yang masih membarah dalam negara.  Tidak waras bagi pihak berkuasa yang cuba untuk menghalang himpunan aman ini dijalankan. Apakah sebenarnya yang ditakuti oleh penguasa? Adakah Ketua Polis Dang Wangi keluarkan kenyataan atas desakan mana-mana individu atau menteri dalam kerajaan atau beliau sendiri, kerana kenyataan itu membelakangkan undang-undang yang memberikan kuasa dan hak untuk rakyat mengunakan saluran itu untuk himpunan aman? Lebih baik pihak berkuasa memastikan agar perhimpunan ini berlangsung dengan aman dan tertib daripada berterusan menggunakan undang-undang untuk menakutkan rakyat berhimpun.  Bersih dan Suaram menyatakan solidariti kepada rakan-rakan daripada Sekretariat Rakyat Benci Rasuah yang akan turun berhimpun secara aman dalam Himpunan Rakyat Benci Rasuah kelak. Ini adalah manifestasi suara rakyat yang tidak lagi ingin isu-isu rasuah membelenggu negara, apatah lagi melibatkan pemimpin-pemimpin politik daripada ceruk dan celah mana pun.  Kami juga ingin menyarankan para menteri yang berada di tampuk kuasa agar bersama nyatakan solidariti bersama himpunan ini. Rakyat berhak berhimpun secara aman walaupun kalian tidak suka. Apatah lagi isu ini adalah isu yang kalian perjuangkan selama ini.  Rakyat akan terus bersuara. Jika dihalang, hanya satu kata; Lawan!  Kenyataan Bersama:  Gabungan Pilihan Raya Bersih dan Adil (BERSIH)  Suara Rakyat Malaysia (SUARAM)

The Coalition for Clean and Fair Elections (BERSIH) dan Suara Rakyat Malaysia (SUARAM) condemn the Dang Wangi Police Chief’s warning to the public not to participate in the upcoming ‘Rakyat Benci Rasuah’ rally scheduled for 25 January 2025, organised by the Rakyat Benci Rasuah Secretariat. We remind the Dang Wangi Police Chief that the Federal Constitution is the supreme law of the land, and that the right to assemble and speak freely is a fundamental freedom guaranteed by the Constitution. Using minor provisions, such as claiming incomplete notice is an outdated tactic to silence the people’s voices, especially on a critical issue such as corruption, which continues to deeply affect the country.   It is unreasonable for the authorities to attempt to obstruct this peaceful assembly from being held. Instead of carrying out their duty to facilitate the rally so that it is carried out in a peaceful and orderly manner, the authorities continue to use the law to intimidate the public from exercising their constitutional right to assemble. This attempted obstruction raises questions about whether the Dang Wangi Police Chief’s statement was made under pressure from policymakers in government or as an independent decision, further undermining the public's right to peaceful assembly guaranteed by the Constitution.   BERSIH and SUARAM stand in solidarity with the Rakyat Benci Rasuah Secretariat as they take to the streets. The peaceful ‘Rakyat Benci Rasuah’ rally is a manifestation of the people’s will to, once and for all, put an end to corruption, an issue that continues to plague the country involving political leaders across the political spectrum.   We also urge the ministers in power to join in expressing solidarity with this rally. The people’s right to peacefully assemble stands, even if it is an issue you disagree with, and ironically an issue that you have long claimed to fight for. The people will continue to speak out. If silenced, there is only one response: ‘Fight!’   Joint Press Statement by: The Coalition for Clean and Fair Elections (BERSIH) Suara Rakyat Malaysia (SUARAM)

CORRECTION NOTE In our press statement titled 'SUARAM: Release Fahmi Reza Now!' dated 30 December 2024 (which has now been taken down to avoid confusion), we stated that: “Efforts to stifle his criticism included the Malaysian Communications and Multimedia Commission’s (MCMC) public warning on 20 December to stop sharing Fahmi's poster online, and the swift removal of posters in less than five hours by Kota Kinabalu authorities, including the police, that he put up on 27 December in the city.” We wish to clarify that the Malaysian Communications and Multimedia Commission (MCMC) did not issue a warning to the public to stop sharing Fahmi Reza’s posters in Kota Kinabalu online. This was an oversight on our part, and we sincerely apologise for the mistake made. SUARAM has issued this correction immediately (see below) upon being made aware of the factual inaccuracy. We are committed to ensuring accuracy in our public communications and will take measures to prevent such oversights in the future. REVISED STATEMENT: RELEASE FAHMI REZA NOW! Suara Rakyat Malaysia (SUARAM) strongly condemns the detention of graphic artist and activist Fahmi Reza over his physical satirical poster criticising the appointment of Musa Aman as Sabah Chief Minister. His detention is not only unnecessary but also serves to intimidate and suppress public dissent. This is further compounded by the latest warning from the police, threatening his immediate arrest under the Sedition Act should he attend tomorrow’s peaceful anti-corruption assembly. Fahmi’s detention represents a draconian response to the exercise of freedom of expression using satire, continuing an alarming escalation of state intimidation since the 19 December investigations. Efforts to stifle his criticism consisted of the swift removal of posters in less than five hours by Kota Kinabalu authorities, including the police, that he put up on 27 December in the city. The government’s persistent targeting of Fahmi Reza, despite Prime Minister Anwar Ibrahim’s 21 December statement opposing his arrest, underscores its growing intolerance toward criticisms against the government. Such hypocrisy has emerged before, as seen in investigations against Rafique Rashid Ali under the Sedition Act and Section 233 of the Communications and Multimedia Act (CMA) for remarks against Anwar in the Rakyat Lawan Anwar rally. Fahmi’s detention foreshadows worsening weaponisation of laws including the Sedition Act and the CMA to stifle freedom of expression and suppress critical voices – even with the recently passed CMA amendments that exclude satire and parody from being classified as ‘false’ hence prosecution. Article 10 of the Federal Constitution guarantees the right to freedom of expression, which the government must respect by ceasing arbitrary restrictions on dissent. SUARAM demands the immediate release of Fahmi Reza and urges the government to impose a moratorium on the use of the Sedition Act and CMA to curtail freedom of expression.

SUARAM affirms its unwavering support for the UMS students and the Sabah people in exercising their constitutional right to peaceful assembly—a cornerstone of democracy and a vital tool for fostering accountability. We stand in solidarity with the UMS students, recognizing their courage in confronting pressing corruption issues and exercising their democratic rights. Recent remarks by politicians delegitimising peaceful assemblies reflect a blatant disregard for the constitutional right to peaceful assembly enshrined in Article 10 of the Federal Constitution. Peaceful assemblies were portrayed as threats to "security" and sources of "tensions" and "provocations," perpetuating harmful stereotypes that frame them as inherently disruptive and creating undue justification for restrictions. Similarly, characterizing assemblies as "not part of Malaysian norms" and invoking the "proper channels" rhetoric undermines protests as a legitimate democratic tool for addressing grievances. There was also the paternalistic claim that students should "focus on their studies" rather than engage in politics, which marginalises youth voices and discourages their participation in civic spaces. SUARAM will be present at the rallies to monitor and support the UMS students in exercising their constitutional rights. We reiterate our call to all stakeholders, including politicians and law enforcement, to respect and facilitate the right to peaceful assembly enshrined in Article 10 of the Federal Constitution and the Peaceful Assembly Act.

SUARAM strongly condemns the police's intimidation before and during its three-day exhibition on deaths and torture in police custody in Penang. These actions not only disrupt civil society’s efforts to promote accountability but also create a chilling effect on public discourse about critical human rights issues. The night before the exhibition, multiple visits were made by different groups of police officers, amounting to more than 10 officers in total from IPD Timur Laut and Balai Polis Central under its jurisdiction, including the head of Balai Polis Central. They photographed exhibition props, subjected SUARAM staff to heavy questioning, and attempted to take the ICs of all staff members. The officers claimed that the simulated logo could "confuse the public," despite it being a symbolic exhibition prop meant to facilitate discussions on police accountability. Separately, they insisted that a "permit" was required for our banner, which was not even displayed and only temporarily placed outside alongside other props during the venue setup. On the morning of the first day of the exhibition (19 December), police patrol cars were observed patrolling the area. This was followed by continuous heavy presence of police officers outside the venue, with officers repeatedly attempting to enter the exhibition space. Such police intimidation is unwarranted, particularly when the exhibition content is grounded in publicly available investigation findings by the Enforcement Agency Integrity Commission (EAIC) into the death of S. Balamurugan in police custody. Notably, similar exhibitions that were held in Selangor and Johor this year faced no such intimidation. These past exhibitions even fostered constructive engagements with former and current commissioners from the EAIC and Independent Police Conduct Commission (IPCC), who visited the exhibitions and participated as panellists in forums on police accountability held alongside the events. This latest incident mirrors the 2021 police raid on Freedom Film Network and SUARAM over the screening of Chilli Powder and Thinner, an animated feature depicting the torture in custody of Ang Kian Kok who testified to Balamurugan’s death. Both incidents reflect an unchanged and unconstructive police response to civil society efforts in highlighting systemic abuses, even when these efforts align with credible investigations and serve public interest. Such actions undermine freedom of expression on issues of deaths and torture in custody, while undermining the police's own commitments to addressing these human rights violations. SUARAM calls on Prime Minister Anwar Ibrahim and Home Minister Saifuddin Nasution to immediately eliminate longstanding practices of police surveillance and intimidation against civil society organisations and members of the public for raising critical human rights and institutional reform issues that include police accountability. If left unaddressed, the Prime Minister’s commitments to addressing deaths in police custody—including public statements on SUHAKAM Day and the establishment of the special task force on deaths in custody—risk being undermined, eroding public trust in the Madani government's commitment to institutional reform.