They said this following the Kuala Lumpur High Court today upholding the eight-month jail sentence meted out by the Sessions Court against Amanah Youth vice-chief Mohd Fakhrulrazi Mokhtar.
Justice Azman Abdullah had ruled that the conviction by the Sessions Court in August 2016 was correct as the words uttered by Fakhrulrazi in criticising Anwar Ibrahim’s Sodomy 2 judgment had the tendency to incite hatred towards the government and judiciary.
Lawyers for Liberty (LFL) executive director Eric Paulsen called the decision harsh, stating that the threshold for a sedition conviction should not be so low.
“The act is a legacy from the British empire and must be abolished, if Malaysia is to be a nation that is truly independent.
“The act has an interpretation that is too broad and is easily abused by the government.
“It is used to criminalise words that are democratic, including criticisms against the government, leaders or the ruling political parties.
“Any statements which are disputable, even if not serious, can be deemed to be seditious.
“The act has clearly been abused to protect the government and their interests, as well as to pressure the opposition and prohibit certain issues from being aired,” he said in a series of tweets, adding that this was also an infringement on freedom.
Paulsen said Prime Minister Najib Razak had promised to abolish the act on July 11, 2012, and again on July 3, 2013, but lamented that usage of the act was increasing to oppress opposition parties, civil societies and the public.
He also put down a list of selective persecutions carried out by the Attorney-General’s Chambers against those who are critical against the government, naming individuals such as law professor Azmi Sharom; opposition representatives such as N Surendran, Khalid Samad, RSN Rayer, Teresa Kok, Tian Chua and R Sivarasa, among others.
When contacted, Azmi said the issue concerning Fakhrulrazi’s case was not about the sentence, but the act itself.
“Any sentencing done by virtue of an unjust law is unjust.
“In fact, the act itself shouldn’t be used in the first place. It is an archaic piece of legislation,” he said.
In his brief written judgment, Azman said he agreed with the findings of the lower court. He also said the charge against the opposition youth leader was not defective, and there had been no miscarriage of justice.
The court dismissed deputy public prosecutor Zaki Asyraf Zubir’s appeal to increase Fakhrulrazi’s eight-month jail sentence.
However, the court allowed a stay of execution of Fakhrulrazi’s jail sentence pending his final appeal at the Court of Appeal.
Bersih: Amanah Youth Vice-Chief ‘convicted’ under flawed Act