AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

Irene Fernandez, a women's rights activist, human rights campaigner, and the director of TENAGANITA, a group that conducts research on health conditions of migrant workers in Malaysia, will return to court for the fifth session of her trial from 27 to 31 December. She was arrested on 18 March in Kuala Lumpur on charges of "false reporting" under the Malaysian Printing Presses and Publication Act. The arrest stems from a report issued by TENAGANITA on health conditions and human rights violations in camps for detained migrant workers. If convicted, Ms. Fernandez faces up to three years in prison and a fine of the equivalent of US$8,000.

The report in question is the result of research undertaken by TENAGANITA in 1993. The research relied on consultation with a Danish professor using World Health Organization standard epidemiological methodology to discern how maladies spread. It detailed a pattern of abuses in the camps, including deaths reportedly from malnutrition, beri-beri, and other treatable diseases as well as cases of ill-treatment and sexual abuse.

Charges against Ms. Fernandez have been altered throughout the trial, as permitted by Malaysian law. At the time of writing this alert, Ms. Fernandez was charged with "maliciously maligning the good name of Malaysia in the eyes of the world."

The Malaysia Printing Presses and Publications Act of 1984 includes a clause that reads: "Malice shall be presumed in default of evidence showing that, prior to publication, the accused took reasonable measures to verify the truth of the news." This clause violates the internationally recognized right to presumption of innocence (Article 11, Universal Declaration of Human Rights,) and at the same time infringes on the right to freedom of expression (Article 19, Universal Declaration of Human Rights). In addition, a number of rights necessary to meet international standards of a fair trial have been denied. They include:

• the right to be tried by a competent, independent and impartial tribunal in the determination of her rights and obligations and of any criminal charge against her (Article 10, Universal Declaration of Human Rights,)
• the right to adequate time and facilities for the preparation of her defense; and
• the right to examine and cross-examine witnesses.

Irene Fernandez is being tried solely because of her peaceful research and human rights activities. The charges against her have obstructed the work of TENAGANITA. It is feared that this trial will result in a declining willingness of Malaysian NGOs to work on behalf of marginalized groups.

[Sources of information on this case are Amnesty International; Human Rights Watch; Women's Rights Programme/Asia Pacific Forum on Women, Law and Development; Freedom of Expression and the Right to a Fair Trial in Malaysia: "The Prosecution of Human Rights Worker Irene Fernandez," by George E. Edwards; "Human Rights Versus Human Resources - Malaysia's Debate over the Irene Fernandez Case," by Richard Pierre Claude]

RECOMMENDED ACTION:

Please send faxes, telegrams or airmail letters:

• expressing concern that the charges against Irene Fernandez may be solely the result of her peaceful activities in defense of human rights;
• requesting the immediate and unconditional withdrawal of these charges; and
• urging that if the prosecution of Ms. Fernandez continues, that more attention be paid to internationally recognized human rights norms regarding a fair trial.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Dato' Seri Dr Mahathir bin Mohamad
Prime Minister and Minister of Home Affairs
Prime Minister's Department
Jalan Dato' Onn
50502 Kuala Lumpur, MALAYSIA
[Faxes: 011 603 298 4172]
[Telegrams; Prime Minister Mahathir,Kuala Lumpur,Malaysia]
Salutation: Dear Prime Minister

Attorney General Mother
Attorney General's Chambers
Bandanna Bank
Racket Jalan Tangs 50512
Kuala Lumpur, MALAYSIA

COPIES SENT TO:

Datuk Megat Junid Megat Ayub
Deputy Minister of Home Affairs
Jalan Dato' Onn
50502 Kuala Lumpur, MALAYSIA
[Faxes: 011 603 230 1051]


Ambassador Dato' Abdul Majid Mohamed
Embassy of Malaysia
2401 Massachusetts Ave. NW
Washington DC 20008

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