Malaysia
30.06.00
Urgent Interventions
Malaysia: trial/harassment of NGO
URGENT APPEAL - OBSERVATORY
Original : English
MYS 001 / 0006 / OBS 064
Trial/Harassment of NGO
Malaysia
30th June 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, request your URGENT intervention on the following situation in Malaysia.
Brief description:
The Observatory has been informed by Human Rights Features, a joint initiative of the South Asia Human Rights Documentation Centre (SAHRDC) and the Human Rights Documentation Centre (HRDC), of the judicial procedure against Mrs. Irene Fernandez, Director of the Malaysian human rights organisation Teneganita (« Women’ s Force »), in Kuala Lumpur, Malaysia.
Mrs. Irene Fernandez has been charged for publishing "false news" under Section 8A (1) of the Printing Presses and Publications Act 1984 (Act 301), for the publication of an August 1995 report, entitled "Abuse, Torture and Dehumanised Treatment of Migrant Workers in Detention Camps", which describes grave violations of human rights against migrant workers in Government detention camps. If convicted, she faces three years in prison and/or a fine of RM20,000 (roughly 1.6 times the per capita annual income in Malaysia).
According to the information received, the trial of Mrs. Irene Fernandez has encountered numerous postponements, recesses and adjournments, since its beginning in June 1996 (now exceeding 260 days in court), making it the longest running criminal prosecution in Malaysia.
Moreover, the procedure seems to have been spoilt by numerous irregularities. After an agreement was already set, her bail application was jeopardised by the prosecutor’s attempt to significantly raise the amount. Furthermore, Mrs. Fernandez’s applications for internal investigation and post mortem reports, filed under the Criminal Procedure Code, were denied without reason and key witnesses were deported before the defence could call them to testify.
Government officials have also threatened Mrs. Fernandez’s lawyers, attempting to coerce them into violating their professional ethics. The police repeatedly asked Mrs. Fernandez and her lawyers for documents prepared during the investigation of the camps, pressured them to reveal protected sources, and threatened to charge them with obstruction of justice. Mrs. Fernandez explained that she would provide such information only to judicial officials, but it was not until her lawyers lodged a complaint with Malaysia’s Bar Council and the media showed interest, that the police backed down.
Also a target is Mrs. Fernandez’s NGO, Tenaganita, which has been subject to investigations into its tax returns and had charges brought against it, though later dropped, for minor technicalities in its filing of annual statements with the Registrar of Companies.
The Observatory is very concerned by those facts which constitute a grave violation of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations in December 9 1998, and more particularly of its article 6.b, which provides that « everyone has the right, individually or in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms ».
Action Requested :
Please write to the authorities of Malaysia, urging them to :
i. adopt appropriate measures to put a rapid end to the trial against Mrs. Irene Fernandez and acquit her of the charges against her;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 in particular its Article 1 which provides that " Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level ", and its article 6.b already mentioned.
iii. more generally guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights.
Addresses
Datuk Abdullah Ahmad Badawi (Home Minister), Menteri Dalam Negeri, Jalan Datto Onn, 50502 Kuala Lumpur, Malysia. Fax (+ 603) 230 10 51
Ybhg. Tan Sri Musa Hitam (Chairperson Human Rights Commission), Pengerusi Suruhanjaya Hak Asasi Manusia, Kementerian Luar Negeri, Wisma Putra, 50602 Kuala Lumpur, Malysia. Fax (+ 603) 242 50 43
Geneva - Paris, 30th June 2000
Kindly inform us of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line : Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39
E-Mail : observatoire@iprolink.ch
Original : English
MYS 001 / 0006 / OBS 064
Trial/Harassment of NGO
Malaysia
30th June 2000
The Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, request your URGENT intervention on the following situation in Malaysia.
Brief description:
The Observatory has been informed by Human Rights Features, a joint initiative of the South Asia Human Rights Documentation Centre (SAHRDC) and the Human Rights Documentation Centre (HRDC), of the judicial procedure against Mrs. Irene Fernandez, Director of the Malaysian human rights organisation Teneganita (« Women’ s Force »), in Kuala Lumpur, Malaysia.
Mrs. Irene Fernandez has been charged for publishing "false news" under Section 8A (1) of the Printing Presses and Publications Act 1984 (Act 301), for the publication of an August 1995 report, entitled "Abuse, Torture and Dehumanised Treatment of Migrant Workers in Detention Camps", which describes grave violations of human rights against migrant workers in Government detention camps. If convicted, she faces three years in prison and/or a fine of RM20,000 (roughly 1.6 times the per capita annual income in Malaysia).
According to the information received, the trial of Mrs. Irene Fernandez has encountered numerous postponements, recesses and adjournments, since its beginning in June 1996 (now exceeding 260 days in court), making it the longest running criminal prosecution in Malaysia.
Moreover, the procedure seems to have been spoilt by numerous irregularities. After an agreement was already set, her bail application was jeopardised by the prosecutor’s attempt to significantly raise the amount. Furthermore, Mrs. Fernandez’s applications for internal investigation and post mortem reports, filed under the Criminal Procedure Code, were denied without reason and key witnesses were deported before the defence could call them to testify.
Government officials have also threatened Mrs. Fernandez’s lawyers, attempting to coerce them into violating their professional ethics. The police repeatedly asked Mrs. Fernandez and her lawyers for documents prepared during the investigation of the camps, pressured them to reveal protected sources, and threatened to charge them with obstruction of justice. Mrs. Fernandez explained that she would provide such information only to judicial officials, but it was not until her lawyers lodged a complaint with Malaysia’s Bar Council and the media showed interest, that the police backed down.
Also a target is Mrs. Fernandez’s NGO, Tenaganita, which has been subject to investigations into its tax returns and had charges brought against it, though later dropped, for minor technicalities in its filing of annual statements with the Registrar of Companies.
The Observatory is very concerned by those facts which constitute a grave violation of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations in December 9 1998, and more particularly of its article 6.b, which provides that « everyone has the right, individually or in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms ».
Action Requested :
Please write to the authorities of Malaysia, urging them to :
i. adopt appropriate measures to put a rapid end to the trial against Mrs. Irene Fernandez and acquit her of the charges against her;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 in particular its Article 1 which provides that " Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level ", and its article 6.b already mentioned.
iii. more generally guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights.
Addresses
Datuk Abdullah Ahmad Badawi (Home Minister), Menteri Dalam Negeri, Jalan Datto Onn, 50502 Kuala Lumpur, Malysia. Fax (+ 603) 230 10 51
Ybhg. Tan Sri Musa Hitam (Chairperson Human Rights Commission), Pengerusi Suruhanjaya Hak Asasi Manusia, Kementerian Luar Negeri, Wisma Putra, 50602 Kuala Lumpur, Malysia. Fax (+ 603) 242 50 43
Geneva - Paris, 30th June 2000
Kindly inform us of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a joint FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the Emergency line : Fax : 33 (0) 1 55 80 83 92
Tel FIDH 33 (0) 1 43 55 20 11 OMCT + 41 22 809 49 39
E-Mail : observatoire@iprolink.ch