What specific constitutional rights were violated during the 2021 vigil arrests?

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Specific Constitutional Rights Violated in 2021 Vigil Arrests

The High Court ordered the government and police to pay RM195,000 in damages to 13 activists, finding their arrests during a 2021 candlelight vigil for Covid-19 victims to be unlawful. Justice Datuk Anand Ponnudurai awarded each activist RM15,000, holding the police and government liable for the infringement of their rights following the August 19, 2021 gathering at Dataran Merdeka.
Deprivation of Freedom and Unlawful Detention

The judge found that the activists were effectively deprived of their freedom after police seized their identity cards and directed them to the Dang Wangi police headquarters. The court determined that the activists were unlawfully detained as they were not permitted to leave the station until their statements were recorded, despite the initial gathering having concluded and posing no threat. This detention, initiated by the seizure of identification and mandatory presence at the police station, constitutes a violation of the right to personal liberty, a fundamental aspect of constitutional protection against arbitrary state action.
Denial of Legal Counsel

A significant constitutional breach identified by the court was the denial of access to legal representation for the activists while they were held at the police station. The right to legal counsel is a cornerstone of due process, ensuring individuals understand their rights and can receive assistance in navigating legal proceedings. The court noted that by the time lawyers were able to enter the station, some statements had already been taken, limiting their ability to provide effective assistance during the entire process.
Procedural Irregularities in Identification

Furthermore, Justice Anand Ponnudurai ruled that police acted without following proper procedure by marking the activists' arms with marker pens to identify them with their seized mobile phones. This action, deemed to be without a standard operating procedure (SOP), highlights a disregard for established protocols in handling individuals. Such procedural improprieties can undermine the legitimacy of law enforcement actions and raise concerns about the treatment of detainees, potentially infringing upon rights to dignity and fair treatment.

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What specific constitutional rights were violated during the 2021 vigil arrests?

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