Sedition: It's an act of intimidation

The arrest of activist Wong Chin Huat last night under the Sedition Act has resulted in a barrage of criticism from several quarters, including politicians, former politicians and academics.

They want the police to stop the intimidation of Wong, and described the arrest "unwarranted and unjust".

Some argued that Wong's call to Malaysians to wear black when the Perak state assembly convenes tomorrow is a "legitimate form of protest".

Political leader Lim Kit Siang even asked if Wong's arrest was the start of a crackdown by the government against political dissidents.

Wong was arrested at his house at about 8pm yesterday. He was then taken to the Commercial Crimes Investigation Department (CCID) headquarters in Kuala Lumpur for questioning.

He was later whisked away to an undisclosed location at about 12.18am. His whereabouts were kept secret.

This morning, Wong was brought to the court where he was remanded up to the end of today.

He is being investigated under Section 4(1) of the Sedition Act. If found guilty, he could face a jail term of up to three years.

It is believed that Wong's arrest was due to his press conference yesterday in which he had called the public to wear black tomorrow to protest the Perak government takeover by Barisan Nasional. Wong issued the call on behalf of polls reform group Bersih.

This is what key personalities had to say about Wong's arrest.

Anwar Ibrahim, Opposition Leader

I regret the action of the police in arresting Wong under the Sedition Act.

His request for the people to wear black tomorrow is just a mean of protesting via a legal and democratic manner.

His arrest has also revealed the true face of Prime Minister Najib Abdul Razak's month-old administration.

I urge the government to drop all investigations against Wong and that he be released immediately.

Lim Kit Siang, DAP supremo

Wong told me at the Jalan Duta Courts Complex lockup that he had been wearing black for 89 days to protest the unethical, undemocratic, illegal and unconstitutional power grab in Perak since Feb 5, 2009, but he was compelled to wear the compulsory orange police lock-up uniform on the 90 ^th day.

He asked like-minded, justice and democracy-loving Malaysians to join in the protest against the undemocratic and illegal 'coup d'etat' in Perak by wearing black, particularly tomorrow.

This is because tomorrow is the 91 ^st day of the unethical, undemocratic, illegal and unconstitutional power grab in Perak, when the usurper and illegitimate Perak Mentri Besar Zambry Abdul Kadir is convening an illegal meeting of the Perak state assembly to secure legitimacy for his totally illegitimate administration.

Toh Kin Woon, former Gerakan state exco member, Penang

This action by the police against Wong is most unwarranted and unjust. It marks yet another attempt by the state to quell dissent and silence protest, laying bare the hollowness of the slogan of the new prime minister calling for '1 Malaysia, People First and Performance Now'.

Such high-handed and authoritarian actions by the police will not, however, overcome discontent as long as its root cause - which is the undemocratic and unconstitutional usurpation of power by the Barisan Nasional in Perak - is not removed.

To add insult to injury, the BN has exacerbated the already serious constitutional crisis in Perak by calling for a meeting of its state legislative assembly (tomorrow), when the question of who is the legitimate menteri besar and hence, which coalition, the Pakatan Rakyat or the BN, is the legitimate ruling coalition, has yet to be decided by the (Ipoh) High Court.

To most Malaysians, the planned action by Bersih is a legitimate form of protest against what they deem to be a serious attack committed by the BN against commonly accepted democratic principles and practices.

This latest action against Wong will only add fuel to fire, worsening the crisis. I call upon the authorities to immediately release Wong and drop all charges against him.

If the BN government is serious about wanting to resolve the current crisis, it should immediately dissolve the state legislative assembly in Perak and call for fresh elections.

Lim Teck Ghee, director of Centre for Policy Initiatives

The police action is clearly aimed at intimidating civil society organisations and the public into passivity and acceptance of the power grab in Perak by the Barisan Nasional.

There is not an iota of evidence to charge Wong or any of the other speakers (at the Bersih press conference yesterday) under the sedition or any other law or regulation in the country.

The police action smacks of an unreformed and authoritarian political system, desperate to cling to power by whatever means, and utilising the police and other agencies of the state to coerce and browbeat the Malaysian public into acceptance of its power grab, and other acts of mis-governance.

The public should regard the arrest of Wong as another round in the salvo of BN dirty tricks and should show that it is not cowed by wearing black (tomorrow).

Lim Kit Siang, DAP leader (in his blog)

Start of Najib's crackdown? Is it because of the '1Black Malaysia' campaign? (referring to Bersih's campaign in urging the public to wear black tomorrow).

Ragunath Kesavan, Bar Council chairperson

The Malaysian Bar is concerned that the police have resorted to the use of the Sedition Act 1948 yet again to stifle public opinion and dissenting voices that are unfavourable to the ruling government.

The police force must remain above politics, and regain public confidence as an institution not mired in politics. It must not be seen as a tool to intimidate and cow those who express disagreement.

The arrest of Wong, seemingly for the ‘crime' of advocating that those who disagree with the events unfolding in Perak wear black tomorrow, does not augur well for the prime minister's promise of openness and respect for the people.

The Malaysian Bar also condemns the manner in which Wong was arrested and denied his right of access to counsel yesterday night.

We reiterate our stand that authoritarian and repressive legislation such as the Sedition Act 1948 is an absolute affront to democracy. We strongly urge the government to repeal the Act, and to refrain from using it, particularly against those whose viewpoints differ from the ruling government's.

Wong Chin Huat must be released immediately.

Anil Netto, Aliran activist

I am trying to fathom why activist Wong was arrested for sedition. So much for '1Malaysia'. If you ask me, it's all public relations. Now, all that public relations exercise has been stripped (away) and we can see the reality.

Khoo Kay Peng, corporate consultant and an independent political analyst

Wong is a respected lecturer, socio-political activist, writer and a member of the civil society.

He has written extensively on the electoral process, democracy, race relations and others. His arrest under the controversial Sedition Act is a national shame.

In the true spirit of 1Malaysia, the government should drop all charges against Wong for exercising his democratic rights.

Malaysians are smart enough to decide if they are going to follow Wong's suggestion or not to wear a black armband, T-shirt, etc (tomorrow).

What is wrong with black? Is it becoming a forbidden word or colour too?

Gayathry Venkiteswaran, executive director, Centre for Independent Journalism

CIJ views this as an act of intimidation by the police against an activist critical of the government. Citizens and interest groups have the right to express their political views and opinions without fear of persecution.

CIJ criticises the unprofessional behaviour of the police in denying him access to his lawyers on the night he was arrested and refusal to answer queries by his lawyers about the nature of the offence allegedly committed.

Once again, this demonstrated the inability of the police to remain independent of politics.

Najib has clearly failed to restore public confidence in the independence of state institutions as they continue to become instruments to maintain the power of the ruling government. Conversely, this episode has cast deep cynicism over Najib's commitment to reform.

We reiterate our call for the state to cease employing intimidation tactics in undermining people's right to expression.

Charles Santiago, DAP member of parliament for Klang

I condemn the arrest of Wong who is a leading social activist and spokesperson for polls reform group Bersih.

His right to legal representation was denied. And his family and friends were kept in the dark of his whereabouts.

The right to dissent is a constitutional right. The arbitrary arrest of individuals who dissent and offer alternative views and perspectives shows that Najib is not sincere in initiating political reform.

Also, it demonstrates that Najib will not tolerate challenges to his authority or respect citizens' fundamental right to expression.

As a show of support to Wong, I urge all Malaysians to wear black tomorrow. Let's send a message to Najib that Malaysians will not stand for intimidation of individuals who express differing views.

Param Cumaraswamy, former UN Special Rapporteur on the Independence of Judges and Lawyers

The continued use of the draconian Sedition Act is bad enough. But the manner in which Wong was arrested and taken to an undisclosed location in the middle of the night is akin to what we have seen in repressive states where there is no rule of law.

Is Malaysia moving towards such a police state? Arrest and detention prior to investigations for an offence under Section 4(1) of the Sedition Act is most unwarranted and most unbecoming.

How could Wong's call on behalf of Bersih to the public to wear black tomorrow as a mark of protest over developments in Perak be seen as a threat to public security?

Please do not confuse threats to security of state with security of the government in power.

John Liu, human rights group Suaram coordinator

The arrest of Wong plainly illustrates the fact that the pledge for greater respect for human rights, the release of 13 ISA detainees, and the call for “One Malaysia” by Najib remain merely rhetoric. Malaysia, in fact, is sliding more and more towards authoritarianism.

On April 8, 2008, Najib was quoted by the New Straits Times as saying, "If government leaders cannot be criticised at all, we

will feel that we are invincible. The feeling of invincibility is something not good because we may abuse our power or we may be arrogant in terms of our position."

However, contrary to what Najib had said, Wong’s arrest shows that leaders, in reality, cannot be criticised. It also demonstrates the arrogance of the current government and its willingness to use repressive laws like the Sedition Act at its convenience.

The arrest exposes the true characteristic of the Najib government,

which is repressive and intolerant towards dissenting views – a feature long associated with the BN government, which was overwhelmingly rejected by the Malaysian people in the March 8, 2008 general election and the several by-elections which followed.

The hypocrisy of the government is hardly surprising, considering that previous successive BN governments had done the same. However, the fact that this hypocrisy, manifested in its highest form, is so clearly and quickly demonstrated, only goes to show the determination of the new prime minister in quashing all forms of dissent and criticisms directed towards the government.