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Unlawful Assembly
Malaysia's Police Act requires a permit for gatherings of three or more people - persons gathering without a permit may be arrested for unlawful assembly. The local police district has the discretion to refuse or to cancel a license, and districts have routinely denied permits to opposition organizers. International standards allow for regulation of rallies and protests, including government requirements that demonstrators have a permit, but forbid arbitrary denial of permits and use of permit procedures to censor political expression.
Since Anwar Ibrahim's arrest in September 1998, supporters of the reform movement have been denied permits repeatedly. When rallies have gone ahead, Malaysian police have used chemical-laced water cannons, tear gas, and physical violence against peaceful protesters. The Police Act authorizes the police to use any force "reasonably necessary for overcoming resistance" in breaking up illegal meetings. The U.N. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials require that force be avoided in the dispersal of unlawful but non-violent assemblies. Where the use of force is unavoidable, the Principles restrict it "to the minimum extent necessary."
In addition to unlawful assembly, some protestors have been charged with rioting under section 147 of the Penal Code. The code defines rioting as the use of force or violence " in prosecution of the common object of such assembly" by any member of an unlawful assembly; every member of an unlawful assembly is guilty of rioting when any member uses force or violence.
Those convicted of unlawful assembly may be sentenced to one year imprisonment, a fine of up to 10,000 ringgit (about U.S. $2,632), or both; rioting is punishable by up to two years imprisonment, a fine, or both.
On March 25, 2000 the government banned all outdoor gatherings in Kuala Lumpur of more than four people for an indefinite period. The ban followed large, and, for the most part, orderly demonstrations protesting the restrictions on opposition media.
Human Rights Watch condemns Malaysia's use of force against peaceable protestors and calls on Malaysia to respect demonstrators' rights to freedom of expression and assembly.
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