COMMENT | My ordeal in our criminal justice system

COMMENT | On July 20, at about 10pm, a team from the D9 police unit from IPD Jalan Patani appeared in front of my house in Penang. There were about 10 of them and they surrounded my home before arresting me in the presence of my wife, my two-year-old son and my parents. My laptop and a brand-new phone were confiscated.

I was arrested following a report lodged against me at the Jalan Tun Razak police station in Kuala Lumpur, I believe by a police officer, on a Facebook 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 of the Multimedia and Communication Act 1998.

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

The police only needed to call me to go see them if there is an investigation, and I would have immediately presented myself to assist in the investigation. It was unnecessary to arrest me at my home close to midnight and worse, in the presence of my infant son, which could possibly cause him to experience traumatic stress.

During the arrest, I was told that I would be taken to the Jalan Tun Razak police station in Kuala Lumpur for investigation. However, I was instead locked up at IPD Timur Laut, 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. The police could have kept my lawyers and family informed about my whereabouts.

It was not until 3pm the next day, July 21, when I was taken out from my cell for my statement to be recorded by an investigation officer from Kuala Lumpur. I provided my full cooperation to the investigation and had exercised my rights to answer all questions related to the article in court.

The investigation officer then proceeded to produce me before the senior registrar of the court for further remand. Upon hearing the submission from both parties, the senior registrar rejected the police’s application 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 IPD Timur Laut and released on police bail.

I view this arrest and investigation as a form of intimidation against 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 (PN) 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 I am being investigated for had questioned the police abuse of power and some of the unnecessary arrests that were made during the movement control order (MCO) period. The article also called for a special committee to monitor police power and ensure that all those detained during the MCO be provided with proper legal representation.

Among others, the article questioned the police over an unverified video which was circulating on social media, in which police officers were seen asking a few people to perform sit-ups, believed to be a form of punishment for violating the MCO.

Up till today, I believe the police have yet to issue a statement on that video. Are these alleged actions, where the police ask the public to do sit-ups, allowed under our law? Can the inspector-general of police (IGP) enlighten me on which part of the law allows the police to allegedly do this? If none, and if true, why has there been no disciplinary and court action taken against the officers? Instead, the police have come after me for allegedly writing the said article.

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

My lock-up experience

My lock-up cell was filthy and smelly. There was no proper air ventilation. The walls of the cell were dirty. Only certain cells had a new coat of paint. Detainees are not provided with a blanket or pillow. I had to sleep on the bare plank.

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 lock-up officer and change into the lockup attire. There is an open toilet in the cell and a CCTV in the cell. The flush was not working and there was no hose or pail.

In the morning at around 6am, teh kosong, which was already cold, arrived with two pieces of bread. In the afternoon, I was provided with plain rice, with no gravy, some cabbage, a tiny piece of chicken and a super tiny slice of orange, along with a small plastic bag of water. No plate or utensils were provided and there was no free flow of drinking water.

There was no soap to wash your hands regularly, something very important now due to the Covid-19 pandemic. 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 that every detainee is facing in the lock-ups.

I had to literally stand and eat my lunch close to the lock-up grill, facing outwards to avoid the filthy smell emanating from the cell. In fact, during the whole time I was awake, I was standing or sitting close to the lock-up grill to avoid the foul smell. It was a nightmare for me. It did not matter that I was innocent until proven guilty, but I had to first go through this horrible experience in the cell.

If this is the price that I have to pay for advocating for a better Malaysia, so be it. This incident will not scare me but will instead motivate me to struggle even harder. 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.

That said, I must state that all the police officers 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 with other detainees. What is wrong is the system, and that we must address and change it.

I have made an official complaint to the National Human Rights Commission of Malaysia (Suhakam) about my entire ordeal. I had also joined Suaram to hand over a memorandum to Suhakam, calling the commission to investigate the harassment against human rights defenders, activists and political opponents by the Royal Malaysian Police. I will also be discussing with my lawyers on the possible cause of action that could be taken to address this episode.

I would like to thank my lawyers, Ramkarpal Singh and RSN Rayer, for their legal assistance, my colleagues in Center to Combat Corruption and Cronyism (C4 Center), my comrades in the various civil society organisations, friends, family and all Malaysians who have stood by my side and called for my release. And thank you to the many people who have been sending me comforting and supporting messages over the past few days.

K SUDHAGARAN STANLEY is a Penang-based activist with the Center to Combat Corruption and Cronyism (C4 Center).

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