SGP 001 / 1217 / OBS 117.1
Conviction /
Judicial harassment
Singapore
January 10, 2019
The Observatory for the Protection of
Human Rights Defenders, a partnership of FIDH and the World Organisation
Against Torture (OMCT), has received information and requests your urgent
intervention in the following situation in Singapore.
New
information:
The Observatory has been
informed by reliable sources about the conviction of Mr. Jolovan Wham,
social worker, human rights advocate, and former Executive Director of the NGO
Humanitarian Organisation for Migration Economics (HOME)[1].
According to the
information received, on January 3, 2019, the Singapore Court found Mr. Jolovan
Wham guilty of “organising an illegal assembly without a police permit” under
Article 16(1)(a) of the Public Order Act) in November 2016. The charge stems
from Mr. Jolovan Wham’s involvement in the organization of a public discussion
held at an indoor event in Singapore on November 26, 2016. The event saw the
participation via Skype of Mr. Joshua Wong, a human rights
defender from Hong Kong, who spoke about civil disobedience and social
movements. The Court also convicted Mr. Jolovan Wham for refusing to sign a
police statement. The Court scheduled the hearing for his sentencing for
January 23, 2019.
Under Article 16(1)(a) of
the Public Order Act, organising a public assembly without obtaining police
permit is an offense that is punishable with a fine of up to SGD 5,000 (approx.
3,140 Euros). Repeat offenders can be fined up to SGD 10,000 (approx. 6,280
Euros) or imprisoned for up to six months, or both. For refusing to sign the
police statement, Mr. Jolovan Wham can be jailed for up to three months, fined
up to SGD 2,500 (approx. 1,570 Euros), or both.
Mr. Jolovan Wham faces two
additional charges of organising a public assembly without a police permit and
two more charges of not signing the police statements (see background
information).
The Observatory condemns the conviction and
the ongoing judicial harassment against Mr. Jolovan Wham, which seem to be only
aimed at punishing him for his legitimate human rights activities and for the
exercise of his right to freedom of opinion and expression. The Observatory
calls on the authorities of Singapore to put an immediate end to the judicial
harassment of Mr. Jolovan Wham.
The Observatory recalls
that this is not the first act of judicial harassment against Mr. Jolovan Wham.
On October 9, 2018, Mr. Wham was found guilty of “scandalising the court”
(Article 3 (1)(a) of the 2016 Administration of Justice (Protection) Act) for a
Facebook post in which he alleged that Malaysia’s judges were more independent
than Singapore’s regarding cases with political implications[2].
Background information:
In November
2016, the police started investigations against Mr. Jolovan Whan for
organising a public discussion entitled “Civil Disobedience and Social
Movements” at an indoor event space in Singapore on November 26, 2016.
On December 20,
2016, Mr. Wham recorded his statement at a police station. After learning
that he would not be given a copy, he refused to sign it.
On November 28,
2017, Mr. Jolovan Wham was detained at the Central Police Station in Singapore
in connection with the November 26, 2016 event. He was released on bail later
that day.
On
November 29, 2017, the State Court charged Mr. Jolovan Wham with: 1) “organising
public assemblies without a permit”, under the Public Order Act (three charges);
2) “vandalism”, under the Vandalism Act (one charge); and 3) “refusing to sign
statements”, under Article 180 of the Criminal Code (three charges). The seven
charges were related to three peaceful gatherings held by various activists,
including Mr. Jolovan Wham, in Singapore between November 2016 and July
2017 without obtaining prior permission from the police. One of those three
gatherings was the event held on November 26, 2016.
Actions requested:
Please write to the
authorities of Singapore asking them to:
i. Guarantee in
all circumstances the physical integrity and psychological wellbeing
of Mr. Jolovan Wham and all human rights defenders in Singapore;
ii. Put an end to all acts
of harassment, including at the judicial level, against Mr. Jolovan
Wham and all human rights defenders in Singapore, and ensure that they are able
to carry out their activities without hindrance;
iii. Conform to the
provisions of the UN Declaration on Human Rights Defenders, adopted by the
General Assembly of the United Nations on December 9, 1998, especially Articles
1, 6(c), and 12.2; and
iv. Ensure in all
circumstances the respect for human rights and fundamental freedoms in
accordance with the Universal Declaration of Human Rights.
Addresses:
· Mr. Lee Hsien Loong, Prime Minister of
Singapore, Fax: +65 6332 8983/6835 6621, Email: pmo_hq@pmo.gov.sg; Twitter:
@leehsienloong;
· Mr. Kasiviswanathan Shanmugam, Minister
for Home Affairs, Minister of Law, Fax: +65 62546250/ 633 28842, Email: mha_feedback@mha.gov.sg;
· Mr. Vivian Balakrishnan, Minister for
Foreign Affairs, Fax: +65 64747885, Email: mfa@mfa.sg;
· Mr. Lucien Wong, Attorney General, Fax:
+65 6538 9000;
· H.E. Mr. Foo Kok Jwee, Ambassador,
Permanent Mission of Singapore in Geneva, Switzerland, Fax: +41-22-796 8078,
Email: mfa_geneva@mfa.gov.sg;
· H.E. Mr. Jaya Ratnam, Ambassador, Embassy
of Singapore in Brussels, Belgium, Fax: +32 2 660 8685; Email:
singemb_bru@mfa.sg
Please also write to the diplomatic missions or
embassies of Singapore in your respective country.
***
Paris-Geneva, January 10, 2019
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 FIDH and the World
Organisation Against Torture (OMCT). The objective of this programme is to
intervene to prevent or remedy situations of repression against human rights
defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders
Mechanism implemented by international civil society.
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