IRENE FERNANDEZ'S HIGH COURT APPEAL HAS BEGUN

Media Release: October 29, 2008

The Asian Peasant Coalition (APC) supports its Vice-Chairperson for External Affairs, Irene Fernandez, who is also the Executive Director of Tenaganita - an NGO which promotes the rights of migrant workers in Malaysia , in the hearing of her appeal in court which started yesterday. It will last up to October 30 and will resume on November 24 to 28.

In 1996, Irene was arrested and charged with “maliciously publishing false news” after Tenagenita released a report exposing the maltreatment of undocumented migrant workers in detention centers. That trial spanned seven years and Irene was found guilty on October 16, 2003 and sentenced to 12 months imprisonment. She was later released on bail pending an appeal. But her civil rights were nonetheless limited. The courts have her passport and since she was convicted, Irene was disqualified from standing as parliamentary candidate in the 2004 and 2008 Malaysian elections.

In a statement made by APC Secretary-General Danilo Ramos, he said that “Irene’s case represents the kind of harassment experienced by activists today; not only in Malaysia nor in Asia , but all over the world. We are the ones fighting for basic rights and liberties, against corruption and state violence. But at the same time, we become the primary victims of oppression.”

The initial date set for Irene’s appeal was last June 11, but was moved to August 5 because allegedly, “papers with statements of important prosecution witnesses went missing”. However, appeal records were still incomplete by August, as notes of evidence were yet to be fully encoded. Moreover, the courts were informed that a computer virus corrupted the notes of one volume of typed notes of evidence. Thus, the registrar requested for an extension of one more month.

Ramos had this to say: “The series of technicalities, such as incomprehensible or incomplete documents and un-typed notes are the Malaysian government’s delaying tactics. They hope that Irene will be discouraged in her fight for truth and justice. But she knows better than to be disheartened by these events. Instead, the APC and other progressive organizations fully support her battle against the state’s restrictive laws on freedom of expression.”

Malaysia’s Printing Presses and Publications Act 1984 (PPPA) was amended in 1987 to allow the Minister of Home Affairs to have complete control, whether to ban or restrict, those publications he deems as “undesirable”. It is also an offence to “maliciously” publish “false news”. However, the term “malice” is loosely defined by whether or not the accused took “reasonable measures” to verify the truth.

Ramos adds that “the PPPA’s weak definition on certain terms make it subjective and easily allows the government to file charges against anyone who opposes them. This then gravely violates the rights of human rights defenders, such as the “right to seek, obtain, receive and hold information relating to human rights” and the “right to make complaints about official policies and acts relating to human rights.”

The APC therefore calls on all its member organizations and other progressive movements all over the world to show their support and solidarity for Irene Fernandez and her appeal in court. Human rights activists must continue to scrutinize issues wherein fundamental people’s rights are violated and to courageously fight for truth and justice.

DEFEND PEOPLE’S RIGHTS!
LONG LIVE INTERNATIONAL SOLIDARITY!