MYS 001 / 0713 / OBS 064
Arbitrary arrest / Release on bail /
Judicial harassment
Malaysia
July 10, 2013
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Malaysia.
Description of the situation:
The Observatory has been informed by reliable sources of the arbitrary arrest and subsequent release on bail of three staff members of the human rights NGO KOMAS, after organising a private screening of the documentary film called “No Fire Zone” on allegations of war crimes committed in Sri Lanka during the civil war in 2009.
According to the information received, in the evening of July 3, 2013, KOMAS, together with the KL & Selangor Chinese Assembly HallCivil Right Committee(KLSCAHCRC), organized a private screening of “No Fire Zone” directed by British Director Callum Macrae. At about 8.30 pm, about 30 minutes after the start of the screening, about 30 officials of the Ministry of Home Affairs (KDN), immigration officials and the police entered the Chinese Assembly hall and requested to check the film. The organizers negotiated with them to allow the screening to continue and enter after the screening is over.
However, after the screening, said officials insisted on checking the identity cards of all participants before they left the venue. The KDN requested a copy of the film, which was provided by the organisers in soft copy. They also ordered the organisers - Ms. Anna Har, a member of KOMAS Board of Director, Mr. Arul Prakkash, KOMAS Executive Director, and Ms. Lena Hendry, KOMAS Programme Officer - to go to the Dang Wangi police station. The three asked whether they were being arrested, to which the officers replied no. However, during their interrogation, they were informed that they were placed under arrest. They were questioned for almost three hours by the investigating team from the KDN.
At about 2 am, the three KOMAS representatives were finally released on police bail after their statement was recorded. According to the information received, they should findout if they will be charged with any offences in 30 days.Reportedly, they were arrested upon the basis of Section 6 of the Film Censorship Act - which says no one should screen any film or related publicity materials that have not been approved by the Censorship Board.
On July 1, 2013, Ms. Lena Hendry had indeed received a call from the Censorship Board of the Ministry of Home Affairs, who had asked the organisers to stop the screening because the film had not gone under censorship. Yet, she had replied that the screening was private and upon invitation only.
Furthermore, there were also strong attempts by the Sri Lankan Embassy in Malaysia to stop the screening. They had faxed a letter to the KLSCAH toask them not to screen the documentary.Although they were invited to the screening they did not show up.
The Observatory condemns disruption of the private screening of the documentary “No Fire Zone” by the Home Ministry and the policeand the harassment of the organisers and audience. More generally,the Observatory reiterates its call on the Malaysian authorities to put an end immediately to the continuing harassment against all human rights defenders and organisations operating in the country.
Action requested:
Please write to the authorities in Malaysia, urging them to:
i. Ensure in all circumstances that KOMASand 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;
ii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially:
its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, as well as
its Article 12.2, which provides that the State shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights”;
iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Malaysia.
Addresses:
Dato’ Sri Mohd Najib bin Tun Abdul Razak, Prime Minister, Prime Minister’s Office Malaysia, Main Block, Perdana Putra Building, Federal Government Administrative Centre, 62502 Putrajaya, Selangor, Malaysia.Tel: + 60 3 8888 8000, Fax: + 60 3 8888 3444, Email: ppm@pmo.gov.my
Mr. Ahmad Zahid Hamidi, Minister of Home Affairs, Ministry of Home Affairs, Blok D1 & D2, Kompleks D, Pusat Pentadbiran Kerajaan Persekutuan, 62546 Putrajaya, Malaysia. Fax: +60 3 8889 1613 /8889 1610, Email: webmaster@moha.gov.my
Tan Sri Hasmy Agam, Chairman of the Human Rights Commission of Malaysia (SUHAKAM), Tingkat 11, Menara TH Perdana, Jalan Sultan Ismail, 50250 Kuala Lumpur, 50250 Kuala Lumpur, Malaysia; Fax: +60 3 2612 5620; Email: humanrights@suhakam.org.my; hasmyagam@suhakam.org.my
H.E. Mr. Mazlan Muhammad, Ambassador, Permanent Representative of Malaysia to the United Nations in Geneva, International Centre Cointrin (ICC), Bloc H (1st floor), Route de Pré-Bois 20, 1215 Geneva 15, Switzerland. Fax: +41 22 710 75 01. Email: malgeneva@kln.gov.my
Embassy of Malaysia in Brussels, 414 A avenue de Tervueren, 1150 Woluwe-Saint-Pierre, Belgium, Fax: + 32 2 762 50 49. Email: malbrussels@kln.gov.my
Please also write to the diplomatic missions or embassies of Malaysia in your respective country as well as to the EU diplomatic missions or embassies in Malaysia.