The use of Section 124 of the Penal Code against protesters instead of the Peaceful Assembly Act (PAA) reveals how undemocratic Prime Minister Najib Abdul Razak is, said a lawyer.

 

"The PAA was used when Najib wanted to portray himself as a democrat.

"But now that he is facing the massive 1MDB scandal, his true face is revealed," Lawyers for Liberty co-founder Eric Paulsen told Malaysiakini yesterday.

 

Section 124 of the Penal Code punishes activities “detrimental to parliamentary democracy” with up to 20 years in jail.

 

Yesterday, police said 29 protesters arrested before the #TangkapNajib rally would be probed under this section.

 

Paulsen said the government had moved away from using the PAA after the Court of Appeal ruled the Act's 10-day notice requirement was unconstitutional.

 

Civil liberties lawyer Melissa Sasidaran said the use of Section 124 also indicated a crackdown by the government.

 

"They are going for one of those offences relating to 'activities detrimental to parliamentary democracy' because it is a much more serious offence with heavy punishment, compared to the PAA.

 

"So this would send a strong deterrent message to public against questioning the PM and government on the 1MDB scandal," she said when contacted.

 

Rallies part of democracy

 

Paulsen meanwhile said classifying peaceful assemblies as detrimental to parliamentary democracy was absurd.

 

"Peaceful assembly is part and parcel of parliamentary democracy.

 

“It is absurd for the authorities to turn around to claim that seeking the PM and government to be accountable amounts to criminal offences," he said.

 

He also dismissed that calling for Najib's arrest was a crime.

 

"Absolutely not. If the PM is slighted, the remedy for him is via a civil defamation suit.

 

"The authorities should focus on the 1MDB scandal, rather than the rakyat and civil society trying to get the PM and government to account for the gross mismanagement of public funds," he said.

 

Asked if charges against the protesters under Section 124 would stick, Melissa and Paulsen said it was difficult to tell for now.

 

"Hard to say for now, depending on what they charge them for.

 

“What was supposed to be a peaceful protest (yesterday) didn't even take place, since police made pre-emptive arrests," Melissa said.

 

"It's an preposterous accusation of course, but in Malaysia, we just never know," Paulsen added.