Will wearing Che Guevara T-shirts lead to arrests too, Bar Council asks

June 27, 2011

KUALA LUMPUR, June 27 — Bar Council president Lim Chee Wee has mocked the police investigation of 30 Bersih activists for allegedly trying to revive communism, pointing out last night that their arrests could spell danger as well for anyone wearing a Che Guevara T-shirt and listening to the Sex Pistols.

“The arrest and remand for seven days of 30 individuals (including two juveniles in their teens), apparently for having in their possession certain paraphernalia including T-shirts with images of former communist leaders, for waging war against the King is a reflection of such a clampdown.

“By analogy, if one were to be at home wearing a Che Guevara (the Marxist revolutionary) T-shirt listening to a song attacking the institution of royalty by either The Smiths or The Sex Pistols, one faces a very real likelihood of being investigated for waging war against the King. This surely cannot be,” Lim (picture) told The Malaysian Insider yesterday.

The police said yesterday they were probing attempts by Bersih activists for reviving communism, and are investigating 30 Parti Sosialis Malaysia (PSM) members, including Sungai Siput MP Dr Michael Jayakumar, for “waging war against the Yang di-Pertuan Agong.”

Lim pointed out that Malaysia is a member of the UN Human Rights Council and now the chair of the Third Committee of the forthcoming 66th Session of the UN General Assembly where the agenda contains items such as social, humanitarian and human rights issues.

“The Malaysian Bar urges the authorities to act reasonably, responsibly and proportionately instead of a wantonly unjustified and wholly disproportionate clampdown on freedom of movement, expression and assembly.”

Deputy Penang police chief Datuk Abdul Rahim Jaafar said remand orders would be applied to detain the 30 activists under section 122 of the Penal Code.

The law was used to prosecute militant terrorist group Al Ma’unah which was involved in an audacious arms heist at an army camp and a tense stand-off in the jungles of Perak in 2000.

Under section 122 of the Penal Code, “whoever collects or attempts to collect men, arms or ammunition, or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Yang di-Pertuan Agong or any of the Rulers or the Yang di-Pertua Negeri or abets the waging or the preparation of such war, shall be punished with imprisonment for life or imprisonment for a term not exceeding 20 years, and shall also be liable to fine.”

“Our prime minister showcases Malaysia as a moderate and progressive nation in the Muslim world.

“The government must speak and act consistently both domestically and internationally — that the government protects and promotes human rights not restrict or stifle its exercise,” Lim said.

It is understood that the 30 activists were detained at the Sungai Dua toll plaza near Kepala Batas in Penang while on their way to attend a gathering in support of the Bersih rally planned for July 9.

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