Malaysia: Judicial harassment against SUARAM members Sevan Doraisamy and Azura Nasron

MYS 001 / 0325 / OBS 010
Judicial harassment
Malaysia
5 March 2025

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Malaysia.

Description of the situation:

The Observatory has been informed of the ongoing judicial harassment against Mr Sevan Doraisamy, Suara Rakyat Malaysia’s (SUARAM’s) Executive Director and member of the OMCT’s Executive Council, Ms Azura Nasron, SUARAM’s Programme Manager, and a third individual who wishes to remain anonymous.

On 25 February 2025, Mr Doraisamy and Ms Nasron, along with a family member of a detainee under the Security Offences Special Measures Act (SOSMA) 2012, were summoned to appear before the Putrajaya Magistrate’s Court to be charged with trespassing under Section 5 of the Protected Areas and Protected Places Act 1959, which carries penalties of up to two years' imprisonment. However, on 24 February 2025, they were informed over the phone that the hearing had been postponed, and the case was referred back to the police. No new court date was scheduled.

The charges stem from their peaceful attempt, on 10 February 2025, to engage with the Ministry of Home Affairs (MOHA) along with the families of 32 individuals who had been detained at the Sungai Buloh prison, Selangor State, under SOSMA. They had waited for over two hours for a promised entry pass to meet ministry officials, but were ultimately denied access. In the days leading up to this incident, family members of the detainees had been on a hunger strike outside the Sungai Buloh prison to protest the rejection of visit applications by the prison department.

On 12 February 2025, at approximately 10:15 am, Mr Doraisamy was informed by the Putrajaya police over the phone that he would receive a Section 111 notice at SUARAM’s office in order to provide statements regarding allegations of trespassing on a ministry building made against him. The MOHA office is designated as a “protected area” under Section 7 of the Protected Areas and Protected Places Act 1959. However, upon arriving at SUARAM’s office, six police officers arrested Mr Doraisamy. He was taken to the Putrajaya District Police Headquarters for questioning and released later that afternoon at approximately 3:10 pm. On February 13, 2025, Ms Nasron and the family member of a detainee were questioned in relation to the same incident.

In a statement from 19 February 2025, the Human Rights Commission of Malaysia (SUHAKAM) said the reaction of the Malaysian authorities to the peaceful protest may be perceived as an attempt to intimidate activists and the families of detainees advocating for human rights.

These events reflect a broader pattern of harassment against Mr Doraisamy, who has been subjected to over 20 police investigations during his 25 years of human rights work, particularly for organising public forums, exposing alleged police abuses, and advocating for detainees’ rights under SOSMA. The arrest on 12 February marks the seventh such occurrence in connection with his activism, and the charges of alleged trespassing represent the most severe judicial harassment he has faced to date.

The Observatory strongly condemns these acts of intimidation and calls for an immediate end to the judicial harassment against Mr Doraisamy, Ms Nasron, and all human rights defenders in Malaysia. The Observatory further calls on the Malaysian authorities to refrain from using the Protected Areas and Protected Places Act or any other law to target human rights defenders solely for exercising their right to freedom of peaceful assembly.

Actions requested:

Please write to the authorities of Malaysia, urging them to:

1. Guarantee in all circumstances the physical integrity and psychological well-being of Sevan Doraisamy and Azura Nasron;

1. Put an end to any act of harassment, including at the judicial level, against Sevan Doraisamy, Azura Nasron, and all human rights defenders in Malaysia, and ensure that they are able to carry out their legitimate activities in all circumstances without hindrance or fear of reprisals;
2. Immediately drop all charges against criminalised human rights defenders, as these charges are clearly intended to punish their peaceful human rights work.

Addresses:

• Mr Anwar Ibrahim, Prime Minister of Malaysia, Fax: +60 3 8888 3444, Email: ppm@pmo.gov.my, Twitter:@chedetofficial

• Mr. Saifuddin Nasution Ismai, Minister of Home Affairs of Malaysia, Fax: +60 3 8889 1613 / +60 3 8889 1610, Email: pro@moha.gov.my
• Attorney General of Malaysia, Mohd Dusuki Mokhatar, Fax: +603 8890 5670 Email: pro@agc.gov.my
• Mr. Dato Seri Mohd Hishamudin Yunus, Chairman of the Human Rights Commission of Malaysia (SUHAKAM), Fax: +60 3 2612 5620, Email: humanrights@suhakam.org.my
• H.E. Mr. Dato' Nadzirah binti Osman, Ambassador, Permanent Representative of Malaysia to the United Nations in Geneva, Switzerland. Fax: +41 22 710 75 01, Email: mwgeneva@kln.gov.my
• Embassy of Malaysia in Brussels, Belgium, Fax: +32 2762 50 49, Email: mwbrussels@kln.gov.my
• H.E. Mr. Rafael Daerr, Head of the Delegation of the European Union in Malaysia, Email: delegation-malaysia@eeas.europa.eu

Geneva-Paris, 5 March 2025

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

E-mail: alert@observatoryfordefenders.org

Tel FIDH: + 33 (0) 1 43 55 25 18

Tel OMCT: + 41 22 809 4