LET me first take this opportunity to thank my lawyers Ramkarpal Singh and RSN Rayer for their legal assistance provided, my colleagues in C4 Centre, my comrades in the various civil societies, friends, family and all Malaysians who have stood by my side and called for my release. Thank you to the many people who have been sending me comforting and supporting messages the past few days. 

On July 20 at about 10pm, a team from the D9 Police unit from the northeast district police headquarters came to my home to arrest me. There were around 10 police officers that surrounded my home that night and arrested me in the presence of my wife, my two-year-old son and parents. My laptop and brand new phone were confiscated. I was arrested on a report lodged against me at the Jalan Tun Razak police station, I believe by a police officer, on an article allegedly written by me titled  Are we turning into a police state during the MCO period.

I am being investigated under Section 4(1) of the Sedition Act 1948, Section 505(b) of the Penal Code and Section 233 Communications and Multimedia Act 1998. 

I condemn my arrest in the strongest term possible. It is totally uncalled for, an abuse of the criminal justice process and waste of public resources. This is especially so true when the said article was published on April 2, more than three months ago. 

Police only needed to have called me over if there had been any investigation, and I would have immediately presented myself to assist in the investigation. It was unnecessary to arrest me at my home during late hours and worst, in the presence of my infant son that could have possibly caused him a trauma experience.

During the arrest I was told I would be taken that night to the Jalan Tun Razak police station for investigation. However I was instead locked up in the district police headquarters in Penang. This had caused unnecessary confusion and trouble to my lawyers who wanted to meet me and also be present for the remand hearing in court the following day. Police could have kept my lawyers and family informed on my whereabouts. 

It was not until 3pm the next day when I was taken out from my cell for my statement to be recorded by the investigating officer from Kuala Lumpur. I had provided my full cooperation to the investigation and had exercised my rights to answer all questions related to the article in court.

The investigating officer then proceeded to produce me before a senior registrar in court for remand. Upon hearing the submission from both parties, the senior registrar rejected a remand extension and only allowed a remand of one day, which would technically end at 10pm that night as I was arrested at 10pm the previous night. I was then taken back to the district police headquarters and released on police bail.

I view this arrest and investigation as a form of intimidation towards my right to freedom of expression and my work as an anti-corruption and human rights activist. I believe this episode is also part of a larger plan by the backdoor government to silence their critics. This has been a persistent trend since the Perikatan Nasional government took over.

Over the last few months, we have witnessed a number of activists, human rights defenders, journalists and media organisations being targeted for their outspoken and critical views against the government. This is a very worrying trend for Malaysia.

The said article, which I am being investigated for, had questioned police abuse of power and some of the unnecessary arrests made during the movement-control order (MCO) period. The said article had also called for a special committee to monitor police power and ensure that all those being detained during the MCO are provided with proper legal representation. Among others, the article had also questioned the police on an unverified video circulating on social media where in the video, police officers were seen asking a few people to perform the sit-up, believed to be a form of punishment for violating the MCO. 

Up until today, I believe the police have yet to issue a statement on that video, nor have we heard of any disciplinary action taken on those officers. Are these actions allowed under our law? Can the inspector-general of police enlighten me on which part of the law that allows for police to do this? If none, why has there been no disciplinary and criminal action taken against the officers? Instead the police have come after me for allegedly writing that said article? 

The PN government should stop abusing their powers and going after critics. It is time serious reforms start taking place within the police force for the greater good of our country. The Independent Police Complaints and Misconduct Commission should be established urgently and there needs to be a total revamp of the police force. This call is made in wanting to see our country live up to the highest international standard in governance practices.

My lockup experience

I would rate the lockup as being filthy and smelly. There was no proper air ventilation and this caused a terrible and dirty smell inside the cell. The walls of the cell were dirty. Only certain cells had new painting. Detainees are not provided with a blanket or pillow. I had to sleep on the bare plank, which was in itself dirty and stinking. 

My dignity was robbed from me. I felt like an animal. Before entering my cell, I was told to strip naked in front of the lockup officer and change into the lockup costume. The toilet in my cell is open, with no high walls. There is a close-circuit television camera in the cell that monitors all business being done. The flush was not working, and there was no hose or pail. 

In the morning at around 6am, a already cold teh O, arrived with two buns. In the afternoon, plain rice with no gravy, cabbage, a tiny piece of chicken and a super tiny slice of orange was given together with one small plastic bag of water. No plate or utensils were provided and there was no free flow of drinking water. No soap to wash your hands regularly, something very important now especially due to Covid-19. Imagine your hands coming into contact with the dirty floor, stinky toilet and walls, and you are unable to wash them with soap before eating. This is something every detainee is facing in the lockup.

I had to literally stand and eat my lunch as close as to the lockup grill facing outwards to avoid the filthy smell coming from within the cell. In fact, when I was awake, I was standing or sitting close towards the grill to avoid the smell inside the cell. It was a nightmare for me. 

It did not matter that I was innocent until proven guilty for I had to first go through this horrible experience in the cell.

If this is the price I would have to pay for advocating for a better Malaysia, so be it, and this incident will not scare me into stepping backwards but instead motivate me to advocate harder for a better Malaysia that we all want to see. This is our country and it is our duty to correct things that are wrong in this country. We cannot run away from such threats and problems, but continue to defend our rights and push for a clean and better Malaysia.

Having said all these, I must state that all the policemen involved in this episode acted professionally and were polite in their conversations with me. They even permitted my request for a separate individual cell, so as to not mix me up with other detainees.

What is wrong is the system, and that we must address and change.

I have today made an official complaint and report with the National Human Rights Commission of Malaysia (Suhakam) on the entire ordeal. I will also be further discussing with my lawyers and comrades on the possible cause of action that could be taken to address this episode.

I had also joined Suara Rakyat Malaysia today in handing over a memorandum to Suhakam, calling the commission to investigate the harassment against human rights defenders, activist and political opponents by police. – July 23, 2020.

* K. Sudhagaran Stanley is an anti-graft activist.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.