Press Statement
No such thing as “illegal gathering”; arrests of protestors at US embassy is unlawful and unconstitutional
30 September 2024
We strongly condemn the arrest of 7 persons earlier this morning at a protest in front of the US Embassy against the US complicity in war crimes in Lebanon and Gaza. The 7 protesters were taken to IPD Wangsa Maju where they are currently still being detained by the police. The reason for the arrest, as stated by the Wangsa Maju district police chief Mohammad Lazim Ismail, is for participating in an “illegal gathering.”
There is no such thing as an illegal gathering under the Peaceful Assembly Act. The concept of an “illegal assembly” in our law was removed after amendments to the Police Act. Are the police and government not aware of this?
There is also no such power of arrest for participating in an “illegal gathering” under the Peaceful Assembly Act 2012. The arrests of the seven protesters are thus unlawful and high-handed.
It is fundamental that a public assembly cannot be declared ‘illegal’ as it a right guaranteed under Article 10(1)(b) of the Federal Constitution. This means that the arrests made by the police on those 7 individuals has no legal basis and is unconstitutional. We call upon the police to release them unconditionally effective immediately.
Throughout the world, right-thinking people are protesting against the genocide in Palestine. It is appalling that in Malaysia protestors are being unlawfully detained for standing up against mass murder.
Issued by:
Zaid Malek
Director
Lawyers for Liberty