ARTICLE 19 condemns the investigation of human rights defender and Chief Executive Officer of The Center to Combat Corruption and Cronyism (C4 Center), Pushpan Murugiah. He is being probed under Section 124B of the Penal Code for allegedly committing an activity detrimental to parliamentary democracy.
On 10 March, Pushpan was questioned by the police after his name was linked to an email alleging that a ‘high-powered individual,’ through an international media organisation, was seeking to ‘topple the government’. His lawyer has said that the interrogation was excessive and overreaching. The one-and-a-half-hour investigation covered 81 questions, including those relating to C4 Center’s and other civil society organisations’ work and their sources of funding. The questions also covered whether C4 Center had been instructed to say or do certain things and information about and identification of their sources. Police also questioned whether it was C4 Center’s business to comment on matters of public importance and national governance, and whether they had credibility to make such statements.
Pushpan’s case follows closely on the heels of Bloomberg reports relating to allegations of misuse of power involving the Malaysian Anti-Corruption Commission (MACC), including claims of a so-called ‘corporate mafia’ network. According to C4, the police also summoned several other individuals, including political commentators and academics, for investigation.
‘The investigation marks a further decline in freedom of expression in Malaysia. Pushpan was investigated under Section 124B, which criminalises “activities deemed detrimental to parliamentary democracy” and carries a maximum criminal penalty of up to 20 years. The use of Section 124B signals a deeply troubling return of laws and tactics that were previously used during the era of former Prime Minister Najib Razak to intimidate critics and silence dissent. Human rights defenders and those critical of the government must be able to speak out on matters of public interest without fear of harassment or criminal investigation. Laws are not meant to shield those in power from accountability. Instead, they must ensure scrutiny and responsibility for those in charge. Authorities should stop targeting critical voices and investigate allegations of abuse of power and the systemic institutional failures exposed,’ said Alfred Wu, Head of the Asia-Pacific Programme at ARTICLE 19.
Issues such as corruption affect everyone in society and should be expected to garner public interest. This administration cannot expect to maintain credibility by punishing those calling for transparency and accountability. ARTICLE 19 calls on the Malaysian government to immediately and unconditionally drop the investigation against Pushpan and take meaningful steps to review all laws that restrict freedom of expression – including those found in the Penal Code.