Yap Mun Ching
5:05pm Thu Jan 23rd, 2003

A former Bar Council chairperson has expressed "grave concern" over the police raid at malaysiakini’s office o­n Monday o­n grounds that the act amounts to an "assault o n freedom of expression" in the country.

Param Cumarasamy who is also the UN Special Rapporteur o­n the Independence of Judges and Lawyers said the "wild action" of police in seizing 15 computers and four servers from the o­nline daily has put at stake freedom of the press.

"I must register my grave concern over the action of the police to raid the office of malaysiakini and seize all nineteen computers effectively crippling this first valuable, independent and effective o­nline newspaper in the country.

"What is at stake in this wild action of the police is not the nineteen computers but freedom of the press which is o­ne of the pillars of freedom of expression - the mother of all freedoms," said Param in a press statement yesterday.

He asserted that the police, by their actions, appeared to have terrorised the fundamental freedom of expression which is provided and protected under Article 19 of the Universal Declaration of Human Rights.

Police carried out the raid o­n Monday in response to a report lodged by Umno Youth over a letter which the movement claimed was "seditious" and questioned bumiputera rights. This has been refuted by the o­nline daily’s editor-in-chief Steven Gan, who was interrogated for over three hours o­n Tuesday.

Yesterday, police also interviewed four other editorial staff in connection with their investigations but returned six computers to malaysiakini.

‘High-handed’ police

Meanwhile, Param said he has informed the UN Special Rapporteur o­n Freedom of Opinion and Expression Ambeyi Ligabo about the incident.

"I have informed [Ambeyi] to lodge a strong protest with the Malaysian government over this wayward action of the police and to stop harassing and intimidating malaysiakini, its editor and staff," said the former president of the Malaysian Bar.

Param said that the proper procedure for the police to investigate sedition is to first look at the alleged seditious material to ascertain whether prima facie the material had a seditious tendency.

"If so, then a statement from the publishers could be taken. If the actual name of the author of the material is needed and the publishers pursuant to journalists’ professional ethics refused to divulge the proper procedure would be to apply for a court order," he said.

"In the circumstances, seizing the 19 computers to identify the particulars of the author of the material is capricious and high-handed," he stressed.

The UN envoy said that the police have instead done a "great disservice" to the Malaysian government domestically and internationally, particularly since Prime Minister Dr Mahathir Mohamad is keen to promote Malaysia as o­ne of the most developed among developing countries.

"Such blatant assault by the country’s enforcement officers on the mother of all freedoms sets the clock back for Malaysia’s proclaimed developed status.

"The development of a nation is not measured just be its economic achievement. It is the quality of freedoms enjoyed by the people which matters most," he said.

Stifling of freedom

The UN Special Rapporteur o­n Freedom of Opinion and Expression is mandated to promote and protect the right to freedom of opinion and expression, including the right to seek, receive and impart information.

Any individual, group, non-governmental organisation, intergovernmental agency or government with reliable knowledge of situations and cases in areas relating to the mandate can bring relevant information to the attention of the Special Rapporteur.

Among others, o­ne area of priority is actions taken against the media or impediments to their independent operation.

In a separate statement, the Paris-based International Federation for Human Rights (FIDH) condemned the police action which it considered to be "politically-motivated and aimed at eliminating the few spaces of freedom left in the Malaysian media".

"The FIDH wishes to underline that an independent and free press is an essential element of a democracy.

"[Monday’s] raid is the unfortunate confirmation of the authorities’ increasing will to stifle all forms of freedom in Malaysia," said the organisation.

The action by authorities against malaysiakini has garnered strong support from various sections of the community.

Among those who issued statements in support of the o nline daily are the Malaysian Bar Council, the Human Rights Commission of Malaysia and other local and international human rights organisations.