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Amnesty International Malaysia, CIJ voice concerns over UMANY investigation

KUALA LUMPUR: Amnesty International Malaysia has expressed deep concern that members of the University of Malaya Association of New Youth (UMANY) are being subjected to police investigation.

"The decision to investigate these students is appalling. It is a violation of their right to freedom of expression, especially considering that the Facebook post they made was intended to be part of an academic debate.

"This move by the authorities is an obvious attempt to intimidate and silence them," said Executive Director of Amnesty International Malaysia, Katrina Jorene Maliamauv.

She said the freedom of expression is a guaranteed right under international human rights law as well as the Federal Constitution and should only be limited in extreme circumstances.

"The infringement of this right even to express an academic opinion follows the trend of an administration increasingly intolerant to any forms of criticism or opinion it disagrees with," she added.

On Nov 5, the president of UMANY, Yap Wen Qing, and the vice-president, Tan Li Yuan, were questioned by the police.

On Nov 7 Wong Yan Ke, an activist and former president of UMANY, was arrested under Section 186 of the Penal Code for "obstruction of justice" after he filmed a video of a police officer attempting to enter the residence of Wen Qing, allegedly without a warrant. Wen Qing also had his laptop and mobile phone confiscated under Section 8 of the Sedition Act, which does not require a warrant.

The members of UMANY are also being investigated under Section 4(1) of the Sedition Act 1948.

The government's crackdown on freedom of expression was not just confined to the students stated above as four other individuals were also called in for questioning earlier by the police over comments made on social media.

The multitude of such arrests and investigations was alarming and does not bode well for the right to freedom of expression in Malaysia, she said.

"We strongly urge the authorities to drop investigations against UMANY members, release those who have been arrested, and end its persecution against those exercising their freedom of expression. Repressive laws such as the Sedition Act 1948 should be repealed and the Communications and Multimedia Act 1998 reviewed and amended to ensure it is in strict compliance with international human rights standards," said Katrina.

Additionally, she said Amnesty International Malaysia also called upon the administration of University of Malaya to facilitate academic discussions and protect students' right to free speech.

"Gate-keeping ideas and penalising students for having critical opinions only serves to dampen and harm academic discourse. The right to freedom of expression is a fundamental human right that should be enjoyed by all persons in Malaysia, including students," said Katrina.

The Centre for Independent Journalism (CIJ) also condemned the investigation on Umany.

It said the freedom of speech and expression underpins the fundamental right to seek, receive

and exchange ideas, opinions and information that would enable the public to form their own opinions.

"We are, thus, disappointed that the State continues to arbitrarily use the Sedition Act and Section 233 of the Communications and Multimedia Act to silence any unconventional opinion. Expressing a legitimate and academic opinion does not warrant criminal prosecution," CIJ said in a statement.

CIJ urged the authorities to drop the police investigations into UMANY and cease questioning, raiding the homes and intimidating their members by initiating investigations.

It also called on the authorities to protect UMANY members who are being harassed, cyberbullied or threatened online over their statement, and ensure that freedom of expression and speech is upheld as well as protected at all times for everyone, as per Article 10 of the Federal Constitution.

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