Litany of abuses listed in US human rights report

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Alleged sedition-based investigations, the prosecution of former opposition leader Anwar Ibrahim, restrictions on religious freedom, deaths in custody and detentions without trial are the prime areas of concern highlighted in the annual US State Department's Human Rights Report on Malaysia.

Other areas of concern listed in the report for 2014 are proselytising and prohibitions on the freedom to change one's religion, discrimination against the lesbian, gay, bisexual and transgender (LGBT) community and labour problems, including the plights of migrant workers.

The 39-page country report produced by the US Bureau of Democracy, Human Rights and Labour, noted the hastiness in the Court of Appeal decision in finding Anwar guilty of sodomy, with the decision and sentence being made just before a by-election, thus disqualifying him from standing as a candidate.

“The entire procedure was unusually speedy, with the verdict delivered just before the nomination day for a by-election Anwar was slated to contest, thereby disqualifying him,” the report says.

It also highlighted the prosecution and sentence against student activists Adam Adli Abdul Halim and Mohd Safwan Anang for sedition and the charge faced by Universiti Malaya law professor Azmi Sharom as examples of the improper use of sedition laws, with the action against the stated as political persecution.

“At least 12 other opposition leaders, academicians and journalists were awaiting trial for alleged seditious statements against the government, royalty, and the administration of justice,” the report adds.

The report also marked the syariah prosecution against an 82-year-old Muslim scholar and activist Kassim Ahmad for insulting Islam as another example of questionable prosecution.

'Gov't retaliated against those who criticise'

It also noted civil society groups claiming the government failed to investigate and prosecute similar “seditious” statements made by pro-government or pro-Malay individuals.

However, it said, the government retaliated against those who criticised, it despite promises by Prime Minister Najib Abdul Razak's administration to repeal the controversial, pre-colonial Sedition Act, only to see 12 elected opposition leaders and other government critics being investigated or prosecuted for sedition.

Batu MP Tian Chua of PKR was charged for suggesting the attack in Sabah was part of an Umno conspiracy, while Seputeh DAP MP Teresa Kok ( photo ) was charged in April last year for producing a satirical Chinese New Year video that allegedly insulted Muslims are listed as examples of opposition federal lawmakers charged.

It further named that last June, Shah Alam PAS MP, Khalid Samad was charged for criticising the Selangor state Islamic Council; a DAP Penang assemblyperson RSN Rayer charged for insulting Umno and lawyer and Padang Serai MP N Surendran was charged for publicly repeating Anwar's defence argument that government officials had conspired to frame the opposition leader as further examples.

Journalists subject to harassment

The report further cited Najib's suit against online portal Malaysiakini as harassment and intimidation towards journalists.

The suit is over comments by readers on the Terengganu menteri besar imbroglio, which was put up as two separate articles.

It further noted the Federal Court's decision on the Catholic publication the Herald which limits the use of the word 'Allah' as reserved for Muslims only. The Home Ministry continued to ban 18 books last year, raising the number on the list of banned books to 1,535.

The report also expresses concern over prison overcrowding, with the Home Ministry reporting the number of prison inmates held in October 2013 to be 39,740, despite the existing facilities being able to hold 32,000 prisoners.

According to the International Centre for Prison Studies, women made up 6.6 percent of the inmates in mid-2013, while juveniles accounted for 2.2 percent of the total prison population.

Actions against transgenders, the report noted, are often made under the Minor Offences Act for “indecent behaviour” and “importuning for immoral purposes” in public.

“Those convicted of a first offence may be fined up to RM25 and sentenced to as many as 14 days in jail. The sentences for subsequent convictions may be fines of up to RM100 and up to three months in jail.

“Local advocates contended that those imprisoned served their time in the male prison population and were often mistreated, verbally and sexually, by the police and other inmates.

“In November, the Court of Appeal declared as unconstitutional a provision in a Negeri Sembilan's Islamic law criminalising cross-dressing for Muslims,” the report states.



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