Rights groups horrified and distressed by verdict
Hours after the Kuala Lumpur magistrate's court slapped a 12-month jail sentence on human rights activist Irene Fernandez, local and international human rights groups slammed the verdict.
In an immediate response, social movement Aliran said it was "horrified" by the decision.
Hours after the Kuala Lumpur magistrate's court slapped a 12-month jail sentence on human rights activist Irene Fernandez, local and international human rights groups slammed the verdict.
In an immediate response, social movement Aliran said it was "horrified" by the decision.
Fernandez, 57, was found guilty for "maliciously publishing false news" under Section 8A(2) of the Printing Presses and Publications Act 1984 by releasing a memorandum at a press conference in August 1995 on the alleged torture and death in immigration detention camps.
"The defence witnesses giving evidence in open court affirmed graphically what Fernandez had stated in her memorandum," said Aliran president P Ramakrishnan in a press statement.
Ramakrishnan said that the perpetrators who should be punished, not the whistleblowers.
"Under the cover of law, sadists in uniform had a field day vilifying and violating the dignity of human beings. According to the testimony of witnesses, the torture that was inflicted on the detainees also resulted in a few deaths.
"These perpetrators ought to be in the dock - not Irene who had exposed their dastardly deeds. They are a disgrace to the nation.
"Why does this country criminalise whistleblowers discharging their patriotic duty by exposing wrongdoings? Why must misdeeds be harboured and sheltered by law?" asked an outraged Ramakrishnan.
He said the verdict represents another nail in the coffin of our much-maligned judiciary.
"Some time ago we posed the question, 'Is there hope in our judiciary?' Today we have to sadly conclude that there is none."
Prisoner of conscience
Meanwhile, Suaram executive director Cynthia Gabriel said in any other democracy, it is standard practice to expect authorities to investigate human rights complaints brought up by NGOs, rather than harass, abuse or press charges against the complainants.
"This is the very fundamental aspect which has gone wrong, right from the start of Fernandez's prosecution," said Gabriel.
This trial, she said, "demonstrates that there is no protection for whistleblowers and human rights defenders to articulate concerns over human rights violations to the authorities."
Another human rights group, Hakam, said that it was troubled by the verdict.
"We are very distressed that she should be found guilty, as well as the gravity of the sentence," said Hakam secretary-general Elizabeth Wong.
"What Irene did is to essentially bring the truth to light so that something can be done about the lives and the rights of migrant workers. Today, Irene paid the price of trying to speak the truth."
In Hong Kong, human rights group Amnesty International vowed that it would consider Fernandez as a prisoner of conscience if she is imprisoned.
"Amnesty International deplores the fact that Irene Fernandez has been targeted for her legitimate work as a human rights defender, and been subjected to the longest-running trial in Malaysian history. Today's verdict reinforces the injustice of the last eight years," it said.
Amnesty urged the government to investigate the allegations of widespread ill-treatment of migrant workers rather than use laws that contravene international human rights standards to silence their criticism.
Dark forces
Meanwhile, DAP leader Lim Kit Siang said the Fernandez verdict was a harsh reminder that the country is not at the threshold of a "spring-time for democracy and human rights" with the impending change of leadership at the end of the month.
Prime Minister Dr Mahathir Mohamad is due to retire on Oct 31 and hand over power to his deputy, Abdullah Ahmad Badawi.
Lim observed that the road ahead for the restoration of justice is still "very long, hardy and bleak".
"Fernandez' continued trial and tribulation should inspire greater resolve and commitment by Malaysians committed to democracy, justice and human rights to battle against the dark
forces of injustice and oppression until final victory is achieved," said the opposition leader.
He also said hopes that former deputy prime minister Anwar Ibrahim would get a fairer and more just treatment when the new prime minister takes the helm have been dashed by the Fernandez verdict.


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