Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Malaysia

Ongoing judicial proceedings against Ms. Irene Fernandez⁷⁵

Ms. Irene Fernandez, director of Tenaganita, an NGO working with migrant women, was still waiting for her appeal to be heard as of the end of 2006. Indeed, the minutes of the proceedings held in October 2003 had not yet been compiled, thus preventing her lawyers from preparing her defence.

In 1995, Ms. Irene Fernandez had been found guilty of "publishing false information with the intention to harm", following the publication of a report entitled Memorandum on the abuses, acts of torture and inhumane treatment suffered by migrant workers in detention camps. This report contained allegations of abuses inflicted upon migrant populations based on Ms. Fernandez's interviews with over 300 migrant workers.

Sentenced to twelve months' imprisonment by the Kuala Lumpur Magistrates' Court 5B on October 16, 2003, she was released on bail and lodged an appeal against the sentence on October 17, 2003 with the Kuala Lumpur High Court.

Furthermore, since Ms. Fernandez was forced to surrender her passport to the High Court at the time of her release on bail, she has to apply to authorities each time she wishes to travel abroad.

Obstacles to a forum on freedom of religion⁷⁶

On May 14, 2006, almost 300 demonstrators gathered near the Cititel Hotel in Penang for a forum entitled "A Federal Constitution – Protection for All", organised by the human rights NGO Aliran and Article 11, a coalition of 13 NGOs, in order to discuss issues such as freedom of religion and the safeguard of the secular nature of the Malaysian Constitution. For the event, the police had erected roadblocks in the surrounding area to control access to the hotel.

Around fifteen minutes before the forum started, more than 100 people gathered in front of the hotel, holding posters and shouting slogans such as "Allah's law prevails over human rights". Shortly afterwards, as several of the demonstrators attempted to attack the hotel, the police entered the building and ordered the organisers to close the forum within 30 minutes. Consequently, the meeting did not take place.

A similar meeting organised by Article 11 in Johor Bahru in July 2006 was also stopped by protesters from Islamic groups.

Death treats against Mr. Malik Imtiaz Sarwar⁷⁷

In mid-August 2006, Mr. Malik Imtiaz Sarwar, a lawyer involved in the promotion of freedom of religion and president of the National Human Rights Society of Malaysia (HAKAM), received death threats through an electronic message that was widely circulated to several addresses. The message included a photograph of Mr. Imtiaz Sarwar with the following message above the picture: "Wanted dead". This message was also circulated in the form of a SMS.

These threats might have been linked to his defence on behalf of the Malaysian Bar in the case of Ms. Lina Joy, a citizen who converted from Islam to Christianity. She had filed a complaint against the National Registration Department, which had rejected her request to remove "Islam" from her identity card.

Mr. Malik Imtiaz Sarwar filed a complaint, and an inquiry was reportedly under way as of the end of 2006.

Arbitrary arrest of 23 villagers and housing rights defenders⁷⁸

Nine activists were arrested by the Municipal Council of Ampang Jaya (MPAJ) on November 20, 2006, as they tried to defend the housing rights of the poor living in Kampung Berembang, in Jalan Ampang. Indeed, 50 families who had been living in this village for over 30 years were threatened with eviction and the destruction of their houses under the "Zero Squatters" policy of the Selangor government. The inhabitants were informed of the eviction under the "Emergency Ordinance" even before their new houses were built. The organisation Network of Oppressed People ( JERIT) helped the villagers delay their eviction until the new houses were ready. On November 2, 2006, the villagers had met with the secretary of Selangor state, who had promised to do everything possible to delay their eviction until April 2007. This decision was confirmed by Shah Alam High Court.

The following nine people were placed in detention at the Ulu Kelang Taman Keramat police station: Mr. Adli Abdul Rahman, a villager, Mr. Fiqtriey bin Al Hakimi, a member of the organisation Food Not Bomb, Mr. Lee Huat Seng, administrative secretary of the Youth and Student Movement of Malaysia (DEMA), Ms. Lechumy Devi Doraisamy, JERIT coordinator, Mr. Mohd Rajis, a villager, as well as Ms. Parames Elumalai, Mr. Ramachanthiran Ananthan, Mr. Ramalingam Thirumalai and Mr. Thevarajan Ramasamy, members of JERIT.

Later that day, 14 additional people were arrested and detained at the Ampang Jaya police station for attempting to stop the demolition of houses: Mr. Ebrahim Haris, a member of Food Not Bomb, Messrs. Sevan and Mohan, Ms. V. Wani, Ms. Kumaraveel and Ms. Sugumaran, members of JERIT, Mr. Sivarajan, treasurer of the Malay Social Party (PSM), Ms. Sabariah Ayoub, Mr. Awalluddin Sharif, Mr. Ahmad Tamrin, Mr. Azman Mohd and Mr. Faezae Ramzi (15 years old), villagers, Mr. Chang Lih Kang, coordinator of Suara Rakyat Malaysia (SUARAM), and Mr. S. Arutchelvan, a member of SUARAM and general secretary of PSM.

One of the villagers who had fallen into a coma following blows by the police and municipal forces regained consciousness on November, 21, 2006.

They were all released the same evening and were due to present themselves before the Ampang Tribunal on December 4, 2006. All the houses were demolished.

On December 4, 2006, the hearing could not take place because the prosecution was not ready. No further date for the hearing was set by the end of 2006.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

75. See Annual Report 2005.

76. See Open Letter to the Malaysian authorities, May 22, 2006.

77. See Urgent Appeal MYS 001/0806/OBS 102.

78. See SUARAM, November 24, 2006.