The International Commission of Jurists has condemned Putrajaya for resorting to Section 124B of the Penal Code, which was introduced in 2013 supposedly as part of democratic reforms, only to now be used to crackdown on dissent.
Section 124B of the Penal Code concerns activities detrimental to parliamentary democracy and carries a maximum jail term of 20 years.
“The use of Section 124B against people organising a peaceful protest is particularly alarming, as the law’s language is impermissibly vague and broad, and the punishment of 20 years imprisonment is disproportionately harsh.
“The Malaysian government must immediately move to substantially amend or repeal this problematic law, and meanwhile ensure that it is not used to charge any peaceful protester," said ICJ senior international legal advisor on Southeast Asia Emerlynne Gil ( photo ).
In particular, the ICJ raised concern over the use of the law on peaceful protesters last Saturday who protested against Prime Minister Najib Abdul Razak over RM2.6 billion in funds deposited in his private bank accounts.
At least 37 people have been swept up in arrests in recent days, many on August 1 at a rally organised in Kuala Lumpur by Demi Malaysia.
“‘An activity detrimental to parliamentary democracy’ is defined under Section 130A of the Penal Code to mean actions that are violent or unconstitutional, conditions clearly not present with this group of people arrested.
“Section 124B has never been used before and the Malaysian government should ensure that this is never used in the future,” said Gil.
Gil noted that Malaysia's current political situation is likely to see more public protest and urged Putrajaya to respect the right to public assembly.
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