What does the Bar say about Article 10 freedom of expression being affected?

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The Bar Asserts Article 10 Freedoms Were Infringed by Police Action

The Kuala Lumpur Bar has stated that the police summoning of participants of the Women's March Malaysia 2023 for questioning constitutes an infringement upon the freedom of speech and expression guaranteed under Article 10(1) of the Federal Constitution. This action, according to the association, is unwarranted and undermines the civil rights and liberties fundamental to Malaysia. The chairman, Alvin Oh Seong Yew, specifically noted that this conduct affronts the rights of minority groups who peacefully participated in the event.
Police Action Deemed Unwarranted and Detrimental to Civil Liberties

The association representing lawyers in Kuala Lumpur has characterised the police's decision to summon participants of the Women's March Malaysia 2023 for questioning as "heavy-handed." This conduct is seen as a disservice to the established civil rights and liberties within Malaysia, contravening protections afforded by both the Federal Constitution and the Peaceful Assembly Act 2012 (PAA). The timing of these notices, reportedly delivered at midnight, further exacerbates concerns regarding the appropriateness of the police's approach.
Infringement on Rights Under the Peaceful Assembly Act and Federal Constitution

The Kuala Lumpur Bar's statement explicitly argues that the police's actions violate citizens' rights as outlined in the Peaceful Assembly Act 2012. Furthermore, it directly impacts the freedoms of speech and expression, which are constitutionally protected under Article 10(1) of the Federal Constitution. This broad assertion suggests that the police's investigative measures extend beyond mere procedural compliance and impinge upon fundamental democratic rights.
Upholding Rights of Minority Groups and Peaceful Assembly

Alvin Oh Seong Yew highlighted that the police's conduct is particularly an affront to the rights of the minority groups who peacefully participated in the Women's March. The association stands in solidarity with these groups and affirms their right to raise awareness about issues requiring attention to ensure their basic rights are acknowledged and upheld. This stance aligns with Malaysia's commitment as a signatory to the Convention on the Elimination of All Forms of Discrimination against Women.
Offer of Legal Assistance for Summoned Participants

In response to the police action, the Kuala Lumpur Bar has expressed its willingness to provide legal assistance to any individual summoned for questioning concerning the Women's March. This offer underscores the association's commitment to defending the rights of citizens and ensuring access to legal representation for those facing police inquiries related to peaceful assembly. Contact information for legal aid services has been made available.

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What does the Bar say about Article 10 freedom of expression being affected?

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