Why were 13 activists awarded RM195,000 for unlawful arrests?

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Activists Awarded RM195,000 Due to Unlawful Arrests at Covid-19 Vigil

The High Court ordered the Malaysian government and police to pay RM195,000 in damages to 13 activists because their arrests during a candlelight vigil for Covid-19 victims on August 19, 2021, were deemed unlawful. Justice Datuk Anand Ponnudurai found that the police officers and the government were liable for breaching the activists' constitutional rights, awarding each individual RM15,000.
Breach of Constitutional Rights

The court's decision stemmed from the finding that the arrests violated the activists' fundamental rights. The gathering, held at Dataran Merdeka to commemorate those who died from Covid-19, had concluded. However, police proceeded to seize the activists' identity cards and directed them to the Dang Wangi police headquarters, effectively depriving them of their freedom of movement.
Deprivation of Liberty and Lawyer Access

Upon arrival at the Dang Wangi police station, the activists were informed they could not leave until their statements were recorded. This prolonged detention, even after the vigil had ended and without immediate threat posed, was central to the court's judgment. Furthermore, the court found that the activists were denied access to their legal representatives while being held at the station, with lawyers only able to observe the statement recording process for some detainees after their arrival.
Improper Identification Procedure

An additional procedural failing identified by the court was the police's use of marker pens to mark the activists' arms. Justice Ponnudurai ruled that this practice lacked a proper standard operating procedure (SOP) and contributed to the finding of unlawful conduct during the arrests. The activists, including notable names such as Nur Qyira Izzat Yusri and Nalina Nair, had initiated the suit alleging a breach of their constitutional liberties.

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Why were 13 activists awarded RM195,000 for unlawful arrests?

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