Mukmin (in red) along with the other suspects protesting peacefully near the entrance of Kampung Muhibbah Raya, Tawau. Screengrab taken from live stream by TawauKini Facebook page.
KOTA KINABALU: Police have dismissed allegations that they assaulted an activist who was arrested for participating in a demonstration against the Enhanced Movement Control Order (EMCO) in Kampung Muhibbah Raya, Tawau, on Saturday.
Sabah police commissioner Datuk Hazani Ghazali said the allegations carried by a news portal were unfounded, and he had ordered an immediate investigation to be conducted.
“Based on investigations so far, police strongly deny that our senior officers or any other personnel violated the rights of a person under arrest, what more to commit acts of violence on the individual under arrest (OKT).
“Police conducted the arrest in accordance with Section 15 of the Criminal Procedure Code,” he said in a statement here on Sunday.
The news portal reported non-governmental organisation Bersih 2.0 as condemning the police for allegedly beating the individual on the chest and shoulders when he was arrested together with six other activists at the demonstration in Tawau.
Hazani advised the public and other concerned parties to check their facts before making any allegations.
Activist Mukmin Nantang, along with six of his colleagues, were remanded at the Tawau police station for allegedly violating Covid-19 standard operating procedure (SOP) after organising a peaceful protest at Kampung Muhibbah Raya, Tawau.
The remand order was given by the court in Tawau, taking effect for two days beginning Sunday.
Along with Mukmin, six others remanded were activists and delivery runners aged between 27 and 30, based in Tawau.
The group were protesting the conditions of the Movement Control Order (MCO) at Kampung Muhibbah Raya, which purportedly left the villagers without aid for more than two weeks.
A live stream by Facebook page TawauKini showed the group gathering near the entrance to the village, holding placards. The footage showed the protesters standing with social distancing between them.
Police that were on duty near the village approached the protesters and began asking the group to disperse, in raised voices. The footage also showed officers closing in on Mukmin, who immediately backed away to avoid close contact. However, officers continued to close in on the group, as seen in the footage.
The protesters face charges under Section 25 of the Emergency Ordinance (Prevention and Control of Infectious Diseases) (Amendment) 2021, Section 188 of the Penal Code and Section 9 (5) of the Peaceful Assembly Act 2012.
Tawau district police chief Peter Umbuas on Sunday said the seven arrested on Saturday were being investigated for three offences, under Section 188 of the Penal Code, Section 9 (5) of the Peaceful Assembly Act and Section 25 of the Emergency Ordinance 2021.
“They are being investigated for obstructing civil servants from discharging their duties, violating the Covid-19 preventive standard operating procedure and holding an assembly without permit,” he said.
Peter said the suspects, aged between 27 and 31, have been remanded for two days until April 26.
Mukmin backing away as police began closing in on the protestors. Screengrab taken from live stream by TawauKini Facebook page.
NGO Borneo Komrad released a statement via social media on Saturday, in solidarity with the arrested activists. The statement said the protest was organised following the MCO at the village, which began to anger its community as their economy and welfare were affected and disregarded by authorities.
“While we wait for results, continue to show solidarity to the rakyat (people) who are oppressed,” the statement urged.
Bersih 2.0 also issued a statement calling for the protection of freedom of speech and assembly, and to defend the pillars of democracy.
“The Coalition for Clean and Fair Elections expresses concern over the action taken by the government which stifles the people’s freedom of speech with two separate incidents of activist arrests, namely the detention of seven activists in Kampung Muhibbah Raya, Tawau, Sabah today (yesterday), and the detention of Fahmi Reza on 23 April 2021.
“The arrests of activists for two days in a row show that the government does not respect Article 10 of the Federal Constitution which protects the people’s right to freedom of speech. Ordinary people only have their voices to express their difficulties and demands which are increasingly suppressed by the day. The protests from the people to the point of going to the streets show that the situation is getting more desperate on the ground and the government needs to listen to their voices.
“The arresting of protesters who criticise government policies is extremely outrageous and does not reflect a government that cares and carries the voices of the people as the backbone of the country’s democracy.
“Moreover, with the suspension of Parliament, the space to speak up in the country is increasingly being silenced by the government and this is indeed perilous to the democracy of our country.
“Bersih 2.0 once again calls upon on all Malaysians to continue to defend the freedom of speech, expression and assembly as the core of our country’s democracy. Bersih 2.0 also calls for the immediate release of the seven activists detained in Kampung Muhibbah Raya without any conditions of legal action,” the statement read.
Political party MUDA also criticised the police for arresting the seven activists.
Its pro tem secretary-general, Amir Hariri Abdul Hadi, said the detention of those involved was proof that the current government did not respect the people’s constitutional right to freedom of speech.
He said the government had also failed to implement effective standard operating procedures while protecting the public’s welfare.
Amir urged the police to release the seven detainees.
“Kampung Muhibbah Raya has been placed under enhanced movement control order (EMCO) for more than two weeks due to the spread of Covid-19.
“However, they have not been given any welfare aid and this has impacted their livelihoods,” Amir said in a statement on Saturday, adding that their protest was legitimate.
Pertubuhan Kebajikan dan Pembangunan Masyarakat Sabah chairman Razeef Rakimin stressed that holding a demonstration was not a crime.
“The demonstration (in Tawau) symbolised the voices of residents in the area, who wanted the government to lift the EMCO as long as their welfare continued to be neglected,” he said.
Razeef said the police should have monitored the incident to ensure it was a peaceful demonstration that practised physical distancing, rather than arresting the protesters straight away.
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