KUALA LUMPUR (Feb 27): Human rights non-governmental organisation Lawyers for Liberty (LFL) has criticised the police’s announcement on Thursday that stated that the police are investigating allegations of an attempt to bring down the government and sabotage national stability, involving a prominent local individual and an international media agency. This, said LFL, is “an affront to freedom of speech and the principles of democracy”.

The criticism comes following a statement by the Inspector General of Police that the authorities are probing an influential individual for allegedly undermining parliamentary democracy with the assistance of international media organisation Bloomberg.

LFL director Zaid Malek in a statement said it was “obvious to everyone in the country” that the probe relates to Bloomberg’s exposé alleging corporate mafia-linked corruption involving the Malaysian Anti-Corruption Commission (MACC), which has triggered public pressure for a royal commission of inquiry.

He described the timing of the police’s investigation as “incredible”, noting the investigation surfaced amid calls for authorities to investigate the allegations raised in the report.

Section 124B of the Penal Code, introduced in 2012, criminalises activities deemed detrimental to parliamentary democracy, which is defined under Section 130A as acts designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means. 

Zaid argued that the provision was created shortly before the Security Offences (Special Measures) Act 2012 and characterised it as a law historically used to clamp down on dissent.

He said the public had witnessed its use against critics during the 1Malaysia Development Bhd (1MDB) controversy, including activists, civil society members such as those from Bersih, journalists, and opposition figures. 

Zaid trained his guns on Prime Minister Datuk Seri Anwar Ibrahim, demanding that Anwar not forget those who had previously been investigated under the provision, such as former Damansara MP Tony Pua and Pandan MP Datuk Seri Rafizi Ramli, while current Higher Education Deputy Minister Adam Adli Abd Halim had been arrested under it in 2013.

“Surely Anwar does not suffer from any memory lapse over the oppressive nature of this law. Tony Pua and Rafizi Ramli, famously, were also probed under Section 124B for their outcry on the 1MDB scandal. Even if he no longer has access to them (Tony and Rafizi), Adam Adli, who is currently a deputy minister, could probably recount first-hand his arrest under the provision in 2013,” Zaid said. 

He added that the investigation contradicts the government’s reform agenda, and argued that allegations of corruption — including those involving MACC Chief Tan Sri Azam Baki — are matters of public interest that should be open to public discussion.

“Whilst acknowledging the unconstitutionality of Section 124B of the Penal Code, it is also important to highlight that Azam Baki and the MACC are not parts of ‘parliamentary democracy’ in any sense, making this investigation entirely baseless even within the confines of its intended use,” he said. 

He further contended that Section 124B is unconstitutional and incompatible with Article 10(1)(a) of the Federal Constitution, which guarantees freedom of expression. 

“There can be no pretence that Section 124B was enacted as a brutal means to intimidate and clamp down on dissent. The public can attest to its inherent draconian DNA when it was proactively utilised against government critics — it was barely a little over a decade ago that this provision was actively weaponised for that very purpose. Among those who fell victim to this oppressive law were those who demanded investigation and justice on the 1MDB [scandal], such as activists, civil society members including members of Bersih, members of the media, and government critics,” Zaid said. 

He urged Anwar’s administration to halt the investigation immediately, warning that failure to do so would make the government responsible for actions he described as harmful to democratic principles.

“In the spirit of upholding freedom of expression and staying true to the reform agenda as well as the fight against corruption, this government should immediately halt the baseless investigation of the individual under the clearly unconstitutional Section 124B of the Penal Code. 

“Should the government fail to do this, it would be Anwar himself, and all other members of the current administration, who should be held responsible for acts of violence to the principles of democracy,” he said. 

“For all of Anwar’s supposed strong stance stating his deploration of corruption, it seems to stop short when it comes to Azam Baki. In any event, the prime minister should not be the only one who has the right to speak or dictate public discourse regarding corruption in this country,” he added.