[Joint Statement] MALAYSIA: Quash all charges against SUARAM, end harassment against human rights defenders
February 28, 2025

 
 
BANGKOK, Thailand (25 February 2025)—The undersigned organizations strongly condemn the charges against Malaysian human rights defenders Sevan Doraisamy and Azura Nasron for their peaceful involvement in calling for justice for SOSMA detainees.

The pair works for the human rights organization Suara Rakyat Malaysia (SUARAM), where Sevan serves as Executive Director and Azura serves as Program Coordinator.

Their demands for transparency and accountability for the unjustly detained should not be criminalized.

We call on the authorities to immediately and unconditionally quash all charges against Sevan and Azura, and to end the ongoing intimidation and harassment against all human rights defenders in Malaysia. Likewise, the government must respect people’s right to protest.

What happened

Sevan, Azura, and another individual are set to face charges at the Putrajaya Magistrate’s Court under Section 5 of the Protected Areas and Protected Places Act 1959 (Act 298). If convicted, they face up to two years in prison, a fine of up to RM1,000 (approx. USD 220), or both upon conviction.

The charge was initially set for 25 February 2025 but was later postponed to an undetermined date after Sevan received a call from the Investigation Officer regarding the matter.

These charges stem from their alleged entry into a “protected area” within the Ministry of Home Affairs (MOHA) without an entry pass. However, despite having a scheduled appointment, their repeated attempts to obtain an entry pass were ignored. They were left waiting outside the MOHA complex for more than two hours without explanation.

On that day, Sevan and Azura were accompanying families of detainees–held under the Security Offences (Special Measures) Act 2012 (SOSMA)—to submit a memorandum and seek answers from MOHA regarding the conditions and well-being of their detained loved ones.

Earlier in February, the said family members held a two-day peaceful hunger strike outside Sungai Buloh prison on to amplify the delayed trials and torture experienced by detainees while in custody. The protesters later faced an investigation into their peaceful action under the Peaceful Assembly Act (PAA). The latter was halted on 13 February after Prime Minister Anwar Ibrahim announced an immediate moratorium on all ongoing investigations pending amendments to the law.

On 12 February, Sevan was arrested at SUARAM’s office under Section 7 of the Protected Areas and Protected Places Act. He was taken to the Putrajaya district police station and released two hours later. The next day, Azura and a family member of a SOSMA detainee were then questioned at the same police station under the same provision.

Sevan’s arrest triggered responses from the Prime Minister in the form of a commitment to amend the PAA and the directive to review and reassess SOSMA.

What is SOSMA

SOSMA inherently violates fundamental fair trial rights.

It permits pre-charge detention for 28 days without judicial oversight, thereby increasing the risk of custodial torture. SOSMA also denies bail with limited exceptions and allows for detention pending exhaustion of legal process. The pre-charge detention and denial of bail exacerbate systemic delays in SOSMA trials, causing detainees to spend as long as two to three years in pre-trial detention. As many detainees are primary income earners, prolonged detention without bail places severe financial strain on their families,  negatively impacting their economic security, social stability, and mental well-being.

According to SUARAM, there were 172 SOSMA cases in 2024.

Harassment against human rights defenders

The judicial harassment experienced by Sevan and Azura is a blatant reprisal against dissent. The charges brought against the pair attempt to intimidate and suppress human rights defenders peacefully supporting families of those detained under SOSMA.

The charges under the Protected Areas and Protected Places Act set a concerning precedent for expanding restrictions on peaceful assemblies outside government buildings, bypassing the PAA’s legal framework, especially in light of the expected removal of Section 11 of the PAA. On a longstanding basis, the PAA is weaponized by the state to investigate and sometimes charge human rights defenders for exercising their fundamental right to peaceful assembly.

For his human rights work, Sevan has been summoned for questioning more than 10 times in the last five years.

On 11 October 2019, the Kangar District Police Chief filed a defamation complaint against Sevan under Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act. This followed SUARAM’s complaint to the National Human Rights Commission (SUHAKAM) and a press conference criticizing the wrongful arrest in a mistaken kidnapping case. Sevan was questioned for nearly five hours on 16 October 2019 in relation to this matter.

On 13 December 2019, Sevan was interrogated by the police under Section 505 (b) of the Penal Code for organizing a public forum on security laws. On 17 December 2019, he was again questioned regarding a forum hosted by SUARAM to discuss SOSMA.

Call to action

The continued judicial harassment against Sevan and Azura is a clear reprisal against those who bravely speak out, thereby undermining people’s right to protest and advocate for justice.

By attempting to silence peaceful protests, activism, and legitimate advocacy work, Malaysian authorities are undermining public trust in institutions which are meant to protect human rights for all. This reflects a broader trend of restricting civic space in the country.

We urge the Malaysian government to uphold people’s freedoms of expression and assembly as enshrined in Article 10 of the Federal Constitution.

Lastly, we call on the government to ensure that human rights defenders are able to carry out their invaluable work without fear of persecution and reprisal.

Signatories:

Asian Forum for Human Rights and Development (FORUM-ASIA)
Asia Alliance Against Torture (A3T)
Balay Alternative Legal Advocates for Development in Mindanaw (BALAOD)
Bir Duino-Kyrgyzstan
Cambodian Human Rights and Development Association (ADHOC)
Centre for Human Rights and Development (CHRD), Mongolia
Coalition for Equality -Kyrgyzstan Lira Asylbek
Community Resource Centre (CRC)
Defence of Human Rights and Public Services Trust, Pakistan, (DHR)
Equality Myanmar (EQMM)
Human Rights Measurement Initiative (HRMI), New Zealand
Human Rights Online Philippines (HRonlinePH)
India Justice Initiatives (CCDS)
Indonesia Legal Aid and Human Rights Association, (PBHI), Indonesia
Kemban Kolektif, Malaysia
Korean House for International Solidarity(KHIS), South Korea
Medical Action Group,Inc. (Philippines)
National Commission for Justice and Peace (NCJP) Pakistan
People’s Solidarity for Participatory Democracy (PSPD)
Philippine Alliance of Human Rights Advocates (PAHRA)
Psychological Responsiveness NGO, Mongolia
Pusat KOMAS, Malaysia (KOMAS)
Refugee and Migratory Movements Research Unit (RMMRU), Bangladesh
Task Force Detainees of the Philippines (TFDP)
Think Centre, Singapore