CONVICTION OF MALAYSIAN RIGHS ACTIVIST
VIOLATES INTERNATIONAL STANDARDS

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October 27, 2024

The Lawyers Committee for Human Rights strongly condemns the recent conviction and sentencing of Malaysian labor and human rights activist Irene Fernandez to 12 months in prison. Ms. Fernandez has appealed her conviction by the Kuala Lumpur Magistrate’s Court to the High Court. The Lawyers Committee, which has advocated for the dropping of all charges against Ms. Fernandez, urges the High Court to overturn her conviction.

Ms. Fernandez, who is director of the women’s and workers’ rights group Tenanganita, was convicted of publishing false news under section 8A of Malaysia’s Printing Presses and Publications Act. The 1995 publication entitled, “Abuse, Torture and Dehumanized Treatment of Migrant Workers at Detention Camps” led to her prosecution. This report alleged that unsanitary conditions, inadequate food and water, frequent deaths from beatings, a lack of medical care, sexual abuse, and corruption were prevalent in Malaysia’s immigration detention centers.

Ms. Fernandez’s trial and conviction under Section 8A of the Printing Presses and Publications Act violate international standards on freedom of expression, contained in instruments such as the Universal Declaration of Human Rights. Restrictions on freedom of expression are permitted only where absolutely necessary on specific grounds such as protection of national security or to ensure respect for the rights or reputation of others. The jurisprudence of international courts and treaty monitoring bodies makes clear that such restrictions must be narrowly interpreted. In particular, the measures taken to restrict exercise of freedom of expression must be proportionate. Thus, any penalty for expression that is considered to be false and malicious cannot be excessive. The Latimer House Guidelines for the Commonwealth provide, in Principle III.3(a), that “the criminal law and the use of defamation proceedings are not appropriate mechanisms for restricting legitimate criticism of the government.” In addition, the importance of ensuring full freedom of expression for human rights defenders is recognized in the 1998 United Nations Declaration on Human Rights Defenders, an instrument which emphasizes the need to protect human rights defenders and to promote their activities. Article 6 of the Declaration in particular provides that “everyone has the right freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”.

A sentence to one year in prison for publishing a human rights report on government misconduct is an egregious violation of these standards. It is also sends a clear message to human rights activists, contrary to the Latimer House Guidelines, that the government will crack down on its critics using criminal and defamation law. This is not a constructive way forward for Malaysia in its efforts to further integrate itself into a global community based on universal respect of human rights and the rule of law. The Lawyers Committee accordingly urges the High Court to overturn the Magistrate’s Court’s verdict and sentence.

RECOMMENDED ACTION

Please write to the government of Malaysia calling for the overturning of the conviction and sentence of Irene Fernandez. Remind the government of its obligations under international human rights instruments such as the Universal Declaration of Human Rights and urge it to act in accordance with the provisions of the UN Declaration on Human Rights Defenders. In particular, call upon the government to ensure respect for freedom of expression and urge it to ensure that individuals and organizations working to promote human rights in Malaysia are able to operate without hindrance or threat of retaliation. Further call upon the government to ensure that Ms. Fernandez’ appeal against her conviction and sentence is heard expeditiously and in a manner that conforms with international fair trial standards.

A model letter for transmission to Malaysian authorities is attached below.

Take Immediate Action

More information on Malaysia

Should you require more information, please do not hesitate to contact Kristin Flood at floodk@lchr.org.

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To:
Datuk Dr. Rais Yatim
Law Division, Prime Minister’s Department
Block 1, Federal Government Administration Center
62502 Putrajaya, Malaysia
Fax: 011 603 888 3424
Email: jpmrais@smpke.jpm.my

Copy to:
Ambassador Ghazzali
Malaysian Ambassador to the U.S.
Embassy of Malaysia
2401 Massachusetts Ave., NW
Washington, DC 20008
Fax: 202 483 7661

Dear Sir:

As you are aware, on October 16, 2003, Irene Fernandez was found guilty of maliciously publishing false news and sentenced to 12 months in prison by a Magistrate’s Court. She has since appealed this conviction to the High Court. Ms. Fernandez was convicted under section 8A of the Printing Presses and Publications Act. The publication, “Abuse, Torture and Dehumanized Treatment of Migrant Workers at Detention Camps,” in which she alleges and documents the mistreatment of migrant workers in Malaysia’s detention camps, led to her prosecution.

Ms. Fernandez’s trial and conviction under Section 8A of the Printing Presses and Publications Act violate international standards on freedom of expression, contained in instruments such as the Universal Declaration of Human Rights. Restrictions on freedom of expression are permitted only where absolutely necessary on specific grounds such as protection of national security or to ensure respect for the rights or reputation of others. The jurisprudence of international courts and treaty monitoring bodies makes clear that such restrictions must be narrowly interpreted. In particular, the measures taken to restrict exercise of freedom of expression must be proportionate. Thus, any penalty for expression that is considered to be false and malicious cannot be excessive. The Latimer House Guidelines for the Commonwealth provide, in Principle III.3(a), that “the criminal law and the use of defamation proceedings are not appropriate mechanisms for restricting legitimate criticism of the government.” In addition, the importance of ensuring full freedom of expression for human rights defenders is recognized in the 1998 United Nations Declaration on Human Rights Defenders, an instrument which emphasizes the need to protect human rights defenders and to promote their activities. Article 6 of the Declaration in particular provides that “everyone has the right freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”.

A sentence to one year in prison for publishing a human rights report on government misconduct is an egregious violation of these standards. It is also sends a clear message to human rights activists, contrary to the Latimer House Guidelines, that the government will crack down on its critics using criminal and defamation law. This is not a constructive way forward for Malaysia in its efforts to further integrate itself into a global economy based on universal respect of human rights and the rule of law.

I urge you to ensure that Ms. Fernandez’ appeal against conviction and sentence is heard in an expeditious manner and that all protections for a fair trial guaranteed under international law are accorded to her. I also call upon you to ensure respect for freedom of expression as enshrined in Article 19 of the Universal Declaration of Human Rights, and in Article 6 of the Declaration on Human Rights Defenders.

Thank you for your consideration of this important matter.

Sincerely,