Document - Malaysia: Respect rights to the freedom of peaceful assembly

AMNESTY INTERNATIONAL

Public Statement

AI Index: ASA 28/005/2007 (Public)
News Service No: 217
9 November 2007

Malaysia: Respect rights to the freedom of peaceful assembly

Amnesty International calls on the Malaysian authorities and the police to respect the rights to freedom of expression and peaceful assembly of demonstrators who intend to hold a rally on 10 November, calling on the authorities to ensure that planned elections are free and fair. The police have refused to issue a permit for the intended demonstration and have warned they will arrest people attending it.

At a previous demonstration in Kuala Terengganu on 8 September 2007 police used excessive force as they attempted to disperse the crowd. In light of this Amnesty International is concerned that there is the potential on this occasion for human rights violations, including excessive use of force by police. Amnesty International urges the Malaysian authorities to ensure that the police comply with international human rights standards, in particular respect for the right to freedom of expression and peaceful assembly, and that they do not resort to excessive use of force.

Police have the responsibility to abide by international standards for law enforcement officials, set out in the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, which stipulate that law enforcement officials must maintain and uphold the human rights of all persons, and that they may use force only when strictly necessary and to the extent required for the performance of their duty.

Amnesty International also urges the authorities to respect the right not to be subjected to arbitrary arrest or detention and not to arrest or detain anyone for exercising their rights to freedom of expression and peaceful assembly. Amnesty International reiterates its call on the Malaysian Government to amend provisions of the Police Act and Penal Code to ensure that they are not be used to arrest and imprison individuals for the exercise of their right to freedom of peaceful assembly.

Background

The planned demonstration is organised by Bersih, a coalition of civil society groups and political parties, campaigning for clean and fair elections. The organisation aims to gather 100,000 people for the demonstration. They previously gathered 500 people in Kuala Terengganu, which was dispersed by police, who used tear gas and water cannons on the gathering.

Amnesty International, International Secretariat, 1 Easton Street, WC1X 0DW, London, United Kingdom