The trial of labour rights activist Irene Fernandez for allegedly publishing false information relating to the deaths of inmates at immigration detention camps is set to resume tomorrow after a pause of 20 months.

The case is to be heard at the Kuala Lumpur Magistrates Court for a period of more than two weeks, ending Jan 31, during which more defence witnesses are expected to testify.

Up till May 2001, when the case was last heard, the prosecution has called a total of 35 witnesses while four witnesses had testified for the defence.

The latter four, who are Bangladeshi nationals, gave the court graphic details of their experience while in detention some eight years ago. These included testimony on alleged beatings by the police and on inmates being subjected to acts of sexual perversion.

The trial was later postponed due to the inability of the court to provide a Bengali interpreter for the testimony of other Bangladeshi witnesses.

Fernandez was charged under Section 8A(2) of the Printing Presses and Publications Act (1984) for "maliciously publishing false news" after she released a memorandum at a press conference in August 1995 about torture and deaths in the camps for illegal immigrants.

If convicted, the women's rights activist faces up to three years in prison and/or a fine of up to RM20,000. She is currently on bail.

Freedom of expression

Meanwhile, two human rights organisations have called for the charges against Fernandez to be withdrawn and for the "false news" provision of the PPPA to be repealed.

In a joint press statement, Amnesty International (AI) and Article 19 said it was within Fernandez's right to freedom of expression to publish the report Abuses, Torture and Dehumanised Treatment of Migrant Workers at Detention Camps on alleged human rights abuses.

"The Malaysian government's continued use of restrictive legislation to threaten and prosecute those who expose human rights violations and issues of public concern shows a total lack of respect for the right to freedom of expression," they said.

"The PPPA, like many of Malaysia's restrictive laws, violates human rights standards, specifically on freedom of expression...If Irene Fernandez is convicted and imprisoned, AI would consider her to be a prisoner of conscience," said the statement.

Complaints about conditions

In addition, AI claimed the treatment of undocumented migrant workers in Malaysia has not improved despite the attention that the Fernandez trial had created.

"In August 2002, Malaysian authorities expelled tens of thousands of migrants. The government came under strong criticism from neighbouring governments regarding the conditions in the detention camps where deportees were held," said AI.

The organisation was referring to several controversies following the enforcement of new immigration laws providing for the caning and jailing of illegal immigrants.

"There were reports of deaths due to unsanitary conditions and dehydration. A 13-year-old girl was reportedly raped by three policemen in a detention camp in Sabah," AI added.

"The Malaysian government should address its attention to improving the conditions in its detention camps rather than prosecuting those who have the courage to speak out about these unacceptable conditions."

Following the earlier complaints, a Filipino investigative team had carried out checks of the detention camps and said the conditions were "satisfactory".

Also, the teenager, initially thought to be a Filipina, was later determined to be a Malaysian. Police investigation papers on the alleged rape are now with the prosecutor's office.

Fernandez's trial, which began in June 1996, is considered the longest-running in Malaysian legal history.