The Bar Council today condemned what it sees as abuse of investigative powers to harass and arrest individuals.

Police arrested more than 100 civil society members in March alone including, three The Malaysian Insider editors, its chief executive and publisher.

Police also tried to obtain a remand order for the three editors, but were denied by the magistrate.

"The Malaysian Bar strongly urges the police to respect the rule of law and to stop abusing its investigative powers to intimidate, harass, oppress and terrorise individuals.  

"The abuse of investigative powers is inimical to the right to life and liberty guaranteed by Article 5 of the Federal Constitution; and the rights to freedom of speech, freedom of association and freedom of assembly enshrined in Article 10 of the Federal Constitution.  

"These constitutional liberties cannot be ignored by the police with impunity," Bar president Steven Thiru said in a hard-hitting statement.

Raising fears of a "police state", he said many of the 100-plus arrests were "unjustifiable" and worse, remand orders were unnecessarily sought for extended periods of detention.

Overnight detention should only be for collecting evidence in instances where there is risk where individuals can tamper with evidence or that individuals will flee.

"The overnight detention of individuals and extended remand orders without any basis would only serve to terrorise individuals, and would thus be wholly deplorable," he said.

This includes the case of PKR secretary-general Rafizi Ramli who was arrested and remanded for three days over a circular directing PKR members to join a demonstration.

"Again, as the police already had the circular in their possession, all that was needed was for the police to ascertain whether he had issued the circular.  

"Why was there then a need to arrest and seek an extended remand order, and in addition raid the headquarters of the political party as well as seize its property?"

Intrusion and oppression

Thiru also condemned "intrusive raids" by police, who had also reportedly denied those arrested legal representation.

"The police continue to grossly misconstrue their investigative powers under our laws — such as the Criminal Procedure Code — and to exercise these powers in an oppressive manner. [...]

"The use of investigative powers to detain individuals under any other circumstances is a blatant abuse of these powers and should be seen as an act of intimidation, harassment and oppression."

Last month police had arrested opposition politicians and activists through midnight raids at their homes and snatching them off streets, in some instance while covering their faces with ski masks and brandishing machine guns.

More than 80 activists participating in a sit-in against the goods and services tax were arrested by anti-riot police, with some claiming assault by the police.

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