Malaysia
Head of state: King Abdul Halim Mu'adzam Shah
Head of government: Najib Tun Razak

The crackdown on freedom of expression and other civil and political rights intensified. The Sedition Act was amended and a new Prevention of Terrorism Act was passed. Police used unnecessary or excessive force when arresting opposition party leaders and activists.

BACKGROUND

In February, the Federal Court upheld the conviction and five-year prison sentence of opposition leader and prisoner of conscience Anwar Ibrahim on sodomy charges dating to 2008. The charges were seen as politically motivated and an attempt to silence government critics.[1] In December, a National Security Council bill was passed by Parliament, effectively granting expansive powers to an appointed Council and the security forces.

FREEDOM OF EXPRESSION

The Sedition Act was amended in April resulting in a further erosion of freedom of expression.[2] The scope of offences was amended to cover electronic media, including harsher penalties such as mandatory and increased prison sentences. It was used to silence government critics. At least 15 people were charged under the Act, including political cartoonist Zulkiflee Anwar Haque ("Zunar").[3] All cases were ongoing at the end of 2015. On 6 October, five Federal Court judges unanimously dismissed a case brought by law lecturer Azmi Sharom, challenging the constitutionality of the Sedition Act.

In March, three journalists were arrested by police and officers from the Malaysian Communication and Multimedia Commission for publishing a report concerning the Kelantan state Hudud Bill, which criminalizes certain acts, purportedly according to Islamic principles. The amended Bill as proposed allows corporal and capital punishment for a number of acts, including "adultery".

The authorities continued to use the Printing Presses and Publications Act to set restrictions on and suspend media outlets and publishing houses, and ban materials critical of the government. Licences for print publications, revocable by the Home Minister and difficult for independent outlets to obtain, remained a stringent requirement.

FREEDOM OF ASSEMBLY AND ASSOCIATION

Various laws were used against organizers and participants of peaceful protests throughout the year. The Peaceful Assembly Act, Sedition Act, and Sections 120, 141, 124b, 124c and 143 of the Penal Code, were used alone or in combination against individuals involved in a street demonstration in February, the #KitaLawan rally in March, and the 1 May Workers Day rally. Peaceful protesters were often charged under Section 124 of the Penal Code for acts "detrimental to parliamentary democracy".

The government imposed travel bans on some opposition members. On 29-30 August, the Bersih 4 rallies, which demanded free and fair elections, among other things, were held in Kuala Lumpur, Kuching and Kota Kinabalu despite being declared illegal by the government.

ARBITRARY ARRESTS AND DETENTIONS

The Prevention of Terrorism Act, passed on 7 April, allowed for the detention of terrorist suspects without charge or trial for up to two years, renewable without judicial review of the reasons for detention. The Act established a Prevention of Terrorism Board which will have powers to make detention or restriction orders "in the interest of the security of Malaysia" on the advice of inquiry officers who may obtain evidence in any form, including evidence that would not be admissible in court. The Bar Council and human rights groups were concerned that the Act could lead to torture of detainees, and could facilitate repression of legitimate dissent and freedom of expression.

The Security Offences (Special Measures) Act continued to be used to arbitrarily arrest and detain people alleged to have committed security offences. It allowed for indefinite, so-called preventive, detention without charge or trial and undermined fair trial rights.

POLICE AND SECURITY FORCES

Unnecessary or excessive use of force and allegations of torture and other ill-treatment of detainees by the police continued to be reported. Caning continued to be used as a form of punishment. There were 11 recorded deaths in custody as a result of alleged torture or other ill-treatment. The government continued to reject calls to establish an Independent Police Complaints and Misconduct Commission as recommended by a Royal Commission in 2005.

REFUGEES AND ASYLUM-SEEKERS

Malaysia faced international criticism as thousands of refugees and migrants from Myanmar and Bangladesh attempted to land on Langkawi Island, Kedah state, in May. Malaysia and Indonesia eventually agreed to provide humanitarian assistance and temporary shelter for up to 7,000 refugees and migrants for up to one year.[4]

The discovery in May and August of more than 100 mass graves on the Thai-Malaysian border raised renewed concerns about human trafficking.

DEATH PENALTY

The death penalty continued to be retained as the mandatory punishment for drug trafficking, murder and discharge of firearms with intent to kill or harm in certain circumstances. In November the government announced that legislative reforms to review the mandatory death penalty laws would be introduced in Parliament in early 2016. Official figures indicated that 33 executions were carried out between 1998 and 2015, but no further details on executions were made publicly available.

[1] Malaysia: Anwar verdict will have chilling effect on freedom of expression (News story, 10 February)

[2] Malaysia: Human rights "black hole" expanding (ASA 28/1356/2015)

[3] Malaysia: Stop politically motivated arrests under the Sedition Act (ASA 28/1235/2015)

[4] Indonesia/Malaysia/Thailand: Further information: Ensure the safety of refugees and migrants (ASA 01/1786/2015)

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