Suhakam: Enforcement must respect freedom of expression
by Lim How Pim · Borneo Post OnlineKUCHING (April 11): Any enforcement action must be carried out in a manner that is proportionate, non-arbitrary and consistent with the rule of law, with full adherence to due process guarantees, said the Human Rights Commission of Malaysia (Suhakam).
The commission made the statement in response to a recent incident in Kuala Lumpur, where three individuals were reportedly arrested and detained after briefly displaying placards during a speech by the Malaysian Anti-Corruption Commission (MACC) chief commissioner.
“We note that the individuals have since been released.
“However, despite their subsequent release, we remain concerned about the circumstances and justification for the initial arrests,” said Suhakam in a statement.
It added that given that the act appeared to be peaceful and within the scope of protected expression, the arrests raise concerns over how the rights to freedom of expression and peaceful assembly are interpreted and applied.
Suhakam stressed that freedom of expression is a fundamental liberty guaranteed under Article 10(1)(a) of the Federal Constitution and Article 19 of the Universal Declaration of Human Rights (UDHR).
“As a cornerstone of a democratic society, this right enables individuals to express views, engage in public discourse and participate meaningfully in matters of public interest, it said.
While acknowledging that the right is not absolute, Suhakam said any restrictions must comply with international human rights principles, including those under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which require limitations to be lawful, necessary and proportionate.
The commission also stressed that the government has an obligation not only to regulate but also to facilitate and protect the exercise of such rights, including ensuring that individuals can express views peacefully without undue interference while maintaining public order.
It cautioned that the application of criminal sanctions, particularly those with broad scope, must be carefully considered to avoid disproportionate impact or discouraging legitimate expression.
Suhakam noted that the issues raised in the forum involved matters of public concern that had previously drawn public attention, including calls for independent and transparent inquiries to uphold institutional integrity and public confidence.
In such contexts, it said it is essential that differing views are allowed to be expressed peacefully and that all parties are treated fairly and in accordance with the law.
The commission called on all relevant authorities to ensure that any enforcement measures arising from the incident are carried out in a fair, measured and proportionate manner, consistent with constitutional guarantees and international human rights standards.
“Suhakam remains committed to upholding both freedom of expression and public order, recognising that both are crucial and mutually reinforcing pillars of a democratic society,” it added.