Human Rights Watch today denounced the charges filed on Wednesday against prominent Malaysian human rights activist Irene Fernandez and five others. The well-known human rights advocate was charged with "unlawful assembly" for her participation in a peaceful gathering on June 28 in support of residents protesting the demolition of an urban settlement at Kampung Sungai Nipah, Malaysia. The organization called the actions of the Malaysian government a violation of the rights to freedom of expression and assembly, and urged the Malaysian authorities to drop the charges.
Malaysia has a fairly consistent track record when it comes to clamping down on peaceful protests," said Mike Jendrzejczyk, Washington Director for the Asia Division of Human Rights Watch. "But this is a particularly offensive case, with women and children among the targets. We urge the police to drop all charges."
In addition to Irene Fernandez, the others facing prosecution under Section 27 (5)(b) of the Police Act for refusing to abide by police orders to disperse were Mohamad Nasir, President of the Malaysian Socialist Party (Parti Sosialis Malaysia), Arulchelvam Subramaniam of the human rights organization Suara Rakyat Malaysia (SUARAM), Kumaravel Suprayan, V. Panirselvam, and P. Ragavan. Each faces a maximum sentence of one year in prison and a fine of between 2,000 and 10,000 ringgit (US $525-2,600) if convicted. All six were released on R 1,500 bail. The hearing date has been set for November 3.
The activists were protesting the failure of authorities to provide alternative housing to eighty families in Kampung Sungai Nipah whose homes were scheduled for demolition. Many of the families had been living there for decades. Witnesses say the demonstration was violently dispersed by police as human rights activists and members of the community were awaiting a stay order on the demolition from the Court of Appeal. Police reportedly sprayed mace and tear gas at some one hundred men, women and children who had formed a human barricade around the settlement, and then used water cannons and physical assault to disperse the crowd. More than fifty people were reportedly arrested, with the majority released soon after. Fernandez was released pending charges the same day, six others were held overnight. About twenty homes in the settlement were demolished.
Besides voicing concern over the authorities' abuse of the protestors' rights to freedom of assembly and expression, Human Rights Watch called on the Malaysian government to conduct an independent investigation into charges of excessive use of police force against those involved in the protest.
This is not the first time Irene Fernandez has been charged under draconian Malaysian laws which restrict freedom of expression. She is currently on trial in a separate case under the Printing Presses and Publications Act for "malicious publication of false information" for a memorandum released in 1995 in which she alleged severe abuse of migrant workers in immigration detention facilities. Ms. Fernandez faces a maximum sentence of three years in prison if convicted. That trial is now reportedly the longest in Malaysian history.
