Amnesty International Malaysia and ARTICLE 19 condemn the arrest of Arutchelvan Subramaniam (Arul), Deputy Chairperson of Parti Sosialis Malaysia (PSM) and a prominent human rights defender, under Section 353 of the Penal Code for allegedly deterring public servants from discharging their duty. His arrest, days after plantation workers and activists’ peaceful march to submit a memorandum to Parliament, is yet another blatant act of intimidation and misuse of police power against human rights defenders in Malaysia and an impediment to Arul’s right to peacefully assemble.
On 13 August 2025, plantation workers and activists from the Jawatankuasa Sokongan Masyarakat Ladang (JSML) community group, supported by PSM, marched peacefully to Parliament to hand over a memorandum on Akta Skim Perumahan Pekerja Ladang, a draft law to secure better housing rights for plantation workers.
A week prior to the march, organisers informed the authorities about their plans to gather peacefully at the main gates of Parliament. Despite this, the police blocked, pushed and shoved protesters, including Arul, as they were walking towards the gates.
Authorities are obligated to take reasonable steps to protect peaceful protesters and not unduly interfere without compelling justification. This includes refraining from sanctioning participants or organisers without legitimate cause.
Instead of addressing the demands of workers and facilitating the peaceful march, authorities chose to investigate and intimidate Arul. On the evening of 13 August, the police contacted Arul, citing a report lodged against him for an alleged scuffle during the march. Arul later gave his statement at Dang Wangi District Police Headquarters on 14 August, where he was investigated under Section 353 of the Penal Code.
On 15 August, Arul and 12 JSML activists lodged complaints against the police for the unnecessary use of force during their peaceful assembly, and on 18 August, Arul sought medical attention for injuries sustained after being shoved to the ground while participating in the march on Parliament. To date, no investigations have been conducted in response to these reports.
The next day, police informed Arul’s lawyers that they had been instructed to arrest him and that Arul was required to surrender himself for arrest at Dang Wangi District Police Headquarters. On 20 August, following a press conference held by PSM about the police’s use of force during the protest, Arul presented himself at Dang Wangi District Police Headquarters at 6:00pm where he was placed under arrest — a move that is a clear act of intimidation and reprisal against a human rights defender for carrying out his duty to protect and promote human rights.
Arul’s arrest highlights a disturbing pattern: while the government publicly speaks of reform and freedom of peaceful assembly, outdated laws and heavy-handed policing are still being weaponised to silence dissent. This contradiction must end.
We call on the government to:
- Immediately and unconditionally release Arutchelvan Subramaniam and drop all investigations against him.
- End the crackdown on human rights defenders and peaceful protesters, and ensure they are not criminalised for exercising their rights.
- Respect and protect the right to peaceful assembly. Authorities should not prevent, hinder or restrict the right to protest, except on the limited grounds permitted under international law.
- Carry out a proper and independent investigation into the reports filed by JSML on the police’s use of unnecessary and excessive force against peaceful protesters.
- Conduct adequate training for the police to ensure they are restrained and proportionate in policing protests, and they are actively protecting protesters and others from violence.
- Halt the weaponisation of laws such as Section 353 of the Penal Code, the Peaceful Assembly Act, the Sedition Act, and the Communications and Multimedia Act against peaceful protesters.
- Fulfil its reform commitments by reviewing and repealing laws that criminalise the right to peaceful assembly and freedom of speech and expression, in line with Malaysia’s constitutional and international human rights obligations.
We stand in solidarity with Arul and all human rights defenders. Protesting to protect rights must never be treated as a crime. Until intimidation and arbitrary arrests stop, Malaysia’s civic space will remain under serious threat.