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UPDATE (MALAYSIA): Irene Fernandez sentenced to jail for 12 months

October 19, 2003

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 20 October 2003

[RE: AHRC UA-990205: Malaysia: Irene Fernandez Charged Under Printing Presses and Publication Act of 1984 on 05 February 1999, UP-43-2003: MALAYSIA: Human rights activist Irene Fernandez found guilty of maliciously publishing false news]

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UP-44-2003: MALAYSIA: Irene Fernandez sentenced to jail for 12 months

MALAYSIA: Update on Irene Fernandez convicted under Printing Presses and Publication Act of 1984
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Dear friends

The Asian Human Rights Commission (AHRC) has received information from the International Federation for Human Rights (FIDH) that Irene Fernandez was sentenced to jail for 12 months by the Magistrates Court 5B, Kuala Lumpur, on 16 October 2003. However, she is out on bail in the amount of RM 3,000 and filed an appeal to the High Court on 17 October 2003.

Irene Fernandez, Director of Tenaganita, an NGO that works with migrant women, was charged under Section 8A(2) of the Printing Presses and Publications Act 1984 with "maliciously publishing false news" for releasing a memorandum at a press conference in 1995 on alleged torture and death in immigration detention centres. She was found guilty by the Kuala Lumpur magistrate's court of maliciously publishing false news on 16 October 2003.

Regarding Irene Fernandez's case, the judge suddenly decided to advance the date of Fernandez's judgement to 15 October 2003, which was originally planned to take place on 17 March 2004. Many human rights organizations expressed their fear that this new date might have been set up on purpose in order to take advantage of the absence of Irene Fernandez's Senior counsel for the trial, Mr. Pura Valen. Under the "exceptional circumstances" that her lead counsel Mr. Puravalen was absent, and instead lawyers from the Bar council were present in court, Irene Fernandez personally completed her oral submission, standing in the dock in reply to the Prosecution's written submission.

Please support her and send an email, fax or letter to the Government of Malaysia and request them to quash the judgement against Irene Fernandez. A sample letter and addresses of the local authorities of Malaysia can be found at: http://www.ahrchk.net/ua/mainfile.php/2003/563/

Thank you.

Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-44-2003
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.