LAWYERS for Liberty has called on the police to drop what it alleges as an “unnecessary and high-handed investigation” in the arrest of activist Ruslin Abdullah and to release him without delay. 

Urging Inspector-General of Police Razarudin Huzain to cease all probes, which unduly interferes with the right to freedom of speech, the civil society group said it is “deeply alarmed and concerned” that the misuse of police powers against political dissidents is increasing under the Pakatan Harapan government.

The group’s campaign coordinator, Nabila Khairuddin, in a statement said the arrest of Ruslin, who was reportedly detained by police on October 30 and remanded for three days for “investigation” over a social media posting on TikTok purportedly for criticising government failures, is a serious threat to civil liberties in Malaysia.

LFL, which said it is appalled by the arrest and detention, also said there appears to be “a deliberate attempt to create a climate of fear to suppress criticism of the government”. 

“The arrest of Ruslin is surely calculated to also send a message to other government critics on TikTok and other social media. 

“This renders meaningless the right to freedom of speech that is guaranteed for all, irrespective of political alignment, under article 10(1)(a) of the Federal Constitution,” Nabila said.

She said irrespective of whether the authorities agree with Ruslin’s opinions, his right to express forceful criticism of the government must be defended.

Nabila also slammed the role of the police in the arrest.

She said role of the police force is to maintain public order and prevent real crimes, and not to arbitrarily decide what is acceptable speech and to deny democratic space. 

“The police must not misuse their powers to clamp down on critical or dissenting opinions, even if crudely or harshly expressed.”

She said the government must also be reminded that disagreement, criticism and condemnation are part and parcel of democracy.

The right to free speech cannot be restricted, save for the exceptions of public order or security or morality spelt out in article 10(2)(a), she added. 

“Insults, mockery or criticism directed at the police or government, ministers or politicians do not fall within any of those exceptions to the right to free speech.

“It is therefore unlawful, unconstitutional and tyrannical for the government to rely upon the machinery of the enforcement authorities to suppress criticism,” said Nabila.

She appealed to the former champions of civil liberties and free speech, many of whom now hold prominent positions in the federal government, to ensure that the administration of the day stays consistent in its stance and is committed to protecting people’s right to freedom of speech. – November 1, 2023.