New
information
MYS 001 / 0713 / OBS 064.7
Sentencing
/ Judicial harassment
Malaysia
March
23, 2017
The
Observatory for the Protection of Human Rights Defenders, a partnership of the
World Organisation Against Torture (OMCT) and FIDH, has received new
information and requests your urgent intervention in the following situation in
Malaysia.
New information:

The
Observatory has been informed by reliable sources about the sentencing of Ms. Lena Hendry, former Programme
Coordinator of the human rights NGO Pusat Komunikasi Masyarakat (KOMAS)[1].
According to
the information received, on March 22, 2017, the Kuala Lumpur Magistrate’s
Court sentenced Ms. Lena Hendry to a fine of MYR 10,000 (about EUR 2,130) or one year in prison for screening the
documentary on the Sri Lankan civil war titled 'No Fire Zone: The Killing
Fields of Sri Lanka' four years ago (see Background information).
On February 21, 2017, following a
successful appeal by the Prosecutor against her acquittal in 2015, the Kuala Lumpur Magistrate’s Court had found
Ms. Lena Hendry guilty of violating Section 6(1)(b) of the Film Censorship Act 2002 for the private screening of
the documentary without prior approval from
Malaysia’s Film Censorship Board. She was facing up to three years’ imprisonment or a fine of up to MYR 30,000 (about
EUR 6,390).
The
Observatory condemns Ms. Lena Hendry’s sentencing, which merely aims at punishing her for her legitimate human rights activities.
The Observatory calls upon the Malaysian authorities to ensure that all
human rights defenders in Malaysia are able to carry out their legitimate
activities in all circumstances without any hindrance and fear of reprisals.
Background
information:
In
the evening of July 3, 2013, Pusat KOMAS, together with the KL & Selangor
Chinese Assembly Hall Civil Right Committee (KLSCAH CRC), organised a private
screening of “No Fire Zone: The Killing Fields
of Sri Lanka”, directed by British Director Callum Macrae, in Kuala
Lumpur. About 30 minutes after the start of the screening, about 30 officials
from the Home Affairs Ministry, immigration, and police entered the Chinese
Assembly hall and requested to check the film. The organisers negotiated with
them to allow the screening to continue and enter after the screening was over.
However,
after the screening, officials insisted on checking the identity cards of all
participants before they left the venue. The Home Affairs Ministry requested a
copy of the film, which was provided by the organisers. Authorities also
ordered the organisers - Ms. Anna Har, a member of Pusat KOMAS Board of
Directors, Mr. Arul Prakkash, Pusat KOMAS Executive Director, and Ms. Lena
Hendry - to go to the Dang Wangi police station in Kuala Lumpur. The three were
detained under Section 6 of the 2002 Film Censorship Act and questioned for
almost three hours by the investigating team from the Home Affairs Ministry. At
about 2am, the three Pusat KOMAS representatives were released on police bail
after their statement was recorded.
On
July 1, 2013, Ms. Lena Hendry had received a call from the Censorship Board of
the Ministry of Home Affairs, who asked the organisers to stop the screening
because the film had not been vetted by the Censorship Board. She had replied
that the screening was private and upon invitation only.
Furthermore,
there were also attempts by the Sri Lankan Embassy in Malaysia to stop the
screening. Embassy personnel faxed a letter to the KLSCAH asking the event
organisers not to screen the documentary.
On
September 19, 2013, the Home Ministry and Attorney General Chamber (AGC) filed
a charge against Ms. Lena Hendry under Section 6 of the 2002 Film Censorship
Act, according to which no one can screen any film or related publicity
materials that have not been approved by the Censorship Board. Judge Ashraf
Razal Abdul Manan granted her bail of 1,000 MYR (about EUR 213).
Subsequently
Ms. Lena Hendry’s lawyers filed an application before the High Court to challenge
the charges against Ms. Lena Hendry under the 2002 Film Censorship Act, on
grounds that they were inconsistent with Malaysia’s Federal Constitution.
On
April 11, 2014, the Kuala Lumpur Magistrate’s Court dismissed Ms. Lena Hendry’s
application, reasoning that the charges imposed a restriction reasonable and
proportional against free speech, in the interest of public security, order and
morality and were not in contradiction with Article 10(2)(a) of the Federal
Constitution.
On
March 10, 2015, the High Court of Malaysia ordered the suspension of the trial
against Ms. Lena Hendry, pending a decision of the Federal Court on the
constitutionality of the Film Censorship Act 2002, under which she had been
charged.
Actions
requested:
Please
write to the authorities of Malaysia asking them to:
i.
Put an end to all acts of harassment, including at the judicial level, against
Ms. Lena Hendry, all Pusat KOMAs members, and all human rights defenders in
Malaysia;
ii. Ensure
in all circumstances that Pusat KOMAS and its members as well as all human
rights defenders in Malaysia are able to carry out their legitimate activities
without any hindrance and fear of reprisals;
iii. Comply
with all the provisions of the United Nations Declaration on Human Rights
Defenders, adopted by the UN General Assembly on December 9, 1998, in
particular with its Articles 1 and 12.2;
iv.
Ensure in all circumstances respect for human rights and fundamental freedoms
in accordance with international human rights standards and international human
rights instruments ratified by Malaysia.
Addresses:
·
Dato’ Sri Mohd Najib bin Tun Abdul
Razak, Prime Minister of Malaysia, Fax: +60 3 8888 3444, Email: ppm@pmo.gov.my
·
Mr. Ahmad Zahid Hamidi, Minister of
Home Affairs of Malaysia, Fax: +60 3 8889 1613 / +60 3 8889 1610, Email: ahmadzahid@moha.gov.my
·
Attorney General of Malaysia, Tan
Sri Mohamed Apandi Ali, Fax: +603 8890 5670 Email: pro@agc.gov.my
·
Tan Sri Razali Bin Ismail, Chairman
of the Human Rights Commission of Malaysia (SUHAKAM), Fax: +60 3 2612 5620,
Email: humanrights@suhakam.org.my;
hasmyagam@suhakam.org.my
·
H.E. Mr. Amran Mohamed Zin,
Ambassador, Permanent Representative of Malaysia to the United Nations in
Geneva, Switzerland. Fax: +41 22 710 75 01, Email: malgeneva@kln.gov.my
·
Embassy of Malaysia in Brussels,
Belgium, Fax: +32 2 762 50 49, Email: malbrussels@kln.gov.my
Please also
write to the diplomatic representations of Malaysia in your respective
countries.
***
Geneva-Paris, March 23, 2017
Kindly inform us of any action undertaken quoting the
code of this appeal in your reply.
The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by the World Organisation Against Torture (OMCT) and FIDH. The objective of this programme is to prevent or remedy situations of repression against human rights defenders. OMCT and FIDH are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.
[1] Pusat
KOMAS has existed since 1993 and it has been on the forefront of the advocacy
for democracy and human rights in Malaysia through creative media. They have
highlighted many human rights issues involving grassroots communities.
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