PETALING JAYA: The Human Rights Commission of Malaysia (Suhakam) has warned authorities against misusing anti-money laundering laws to target legitimate civil society activities, saying that funding from international foundations does not automatically constitute criminal wrongdoing.
In a statement, Suhakam expressed concern over the arrests of activists Amir Hadi and Dobby Chew of Mandiri. While both have been released, reported restrictions affecting them and their organisation remain a concern, the commission said.
The commission called on the authorities to immediately review the account freezes and travel restrictions, provide clear legal justifications and ensure access to funds for essential living expenses and organisation operations.
Suhakam said the rule of law must protect both the integrity of criminal investigations and the fundamental freedoms of those under investigation, without intimidation or undue interference in legitimate human rights work.
Suhakam said investigations under the Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001 (Amla) must be supported by credible evidence and conducted in accordance with the law.
It also said investigative powers must not be used to intimidate or punish people before criminal liability is established.
Suhakam said political education, policy advocacy and criticism of government policies are legitimate democratic activities that must not be criminalised or subjected to intimidation.
It cited Article 13 of the United Nations Declaration on Human Rights Defenders, which recognises the right of individuals and organisations to seek, receive and use resources for the peaceful promotion and protection of human rights.
It also referred to Articles 10 and 13 of the Federal Constitution, which protect fundamental freedoms and safeguard against deprivation of property except in accordance with the law.
Police arrested Amir and Chew under Amla on Sept 22 after they presented themselves at Bukit Aman’s commercial crime investigation department to give their statements. They were released two days later.
Inspector-General of Police Khalid Ismail said Mandiri was being investigated over allegations that it received funds suspected to be the proceeds of unlawful activities from 2024 until this year.
The authorities have also frozen personal and organisational bank accounts under Amla and imposed travel bans on Amir and Chew.