Activist: Charge over film's screening unconstitutional (Star, 26/11/2013)

Tuesday November 26, 2013 MYT 7:05:00 AM

Activist: Charge over film's screening unconstitutional

by qishin tariq

KUALA LUMPUR: A human rights activist prosecuted for screening a controversial documentary without the Film Censorship Board’s approval has applied to dismiss the case, claiming that the charge is unconstitutional. 

Pusat Komas programme coordinator Lena Hendry, 28, filed an application to the High Court registrar here to strike out the charge on the grounds that it contradicted Articles 8 and 10 of the Federal Constitution.

The application argued that the charge under the Film Censorship Act was unreasonable and disproportionate as it suppressed freedom of speech.

Her counsel New Sim Yew applied to the magistrate yesterday to have the proceedings in the lower court stayed pending the disposal of the application in the High Court.

But magistrate Ashraf Rezal Abdul Manan denied the stay, ruling that he required an order from the High Court to do so.

“As long as there is no order, it is my duty to ensure the case continues quickly and smoothly,” he said.

He added that a trial date could be set for several months from now to allow the matter to be resolved in High Court.

DPP Ooi Chean Ling did not object.

On Sep 19, Lena claimed trial to screening the documentary titled No Fire Zone: The Killing Fields of Sri Lanka, which the board had not approved for distribution or exhibition, at the Kuala Lumpur and Selangor Chinese Assembly Hall at about 9pm on July 3.

The film, directed by British national Callum Macrae, explores the oppression by the Sri Lankan government against Tamils during the Sri Lankan civil war.- Star, 26/11/2013, Activist: Charge over film's screening unconstitutional

International Commission of Jurists(ICJ) -“Subjecting Lena Hendry to criminal prosecution simply for screening a documentary violates her rights and contravenes Malaysia’s obligations to uphold freedom of expression,”

Malaysia: drop criminal charges against human rights defender Lena Hendry for screening “No Fire Zone” film

The ICJ is calling on the Malaysian Government to immediately drop the criminal charge against human rights defender Lena Hendry for screening the film ‘No Fire Zone: the Killing Fields of Sri Lanka.’

The case has been fixed for case management and the defence lawyers filed an application to set aside, permanently stay or quash the charges against Lena Hendry.

“Subjecting Lena Hendry to criminal prosecution simply for screening a documentary violates her rights and contravenes Malaysia’s obligations to uphold freedom of expression,” said Sam Zarifi, ICJ’s Asia-Pacific Regional Director.

On 3 July 2013, Pusat Komas, a Malaysian human rights advocacy organization where Lena Hendry works, and Kuala Lumpur and Selangor Chinese Assembly Hall Civil Right Committee (KLSCAH CRC) screened the film “No Fire Zone”, a documentary on the war crimes and human rights abuses allegedly committed at the end of the Sri Lankan civil war in 2009.

Immediately following the screening, 30 officers from the Malaysian Ministry of Home Affairs and the police entered the hall and recorded the identity of all persons who attended the event.

The authorities then arrested Lena Hendry and two colleagues, Anna Har and Arul Prakash, and interrogated them for three hours at Dang Wangi police station.

On 19 September 2013, Lena Hendry was charged under section 6(1)(b) of the Film Censorship Act 2002 for showing a film that had not been approved by the Board of Censors.

If found guilty, she could be fined up to RM30,000 (approximately USD 9,322) and sentenced to up to three years imprisonment.

“The Malaysian government told the UN Human Rights Council during its universal periodic review that it maintains a ‘strong commitment to the rule of law, to upholding respect for human rights, and…widening the democratic space”,  said Sam Zarifi. “That commitment is inconsistent with prosecuting human rights defenders for disseminating documentary human rights information.”

Under international law and standards, Malaysia must respect the right to freedom of expression of all persons, including the right to seek and impart information of all kinds.

In the case of human rights defenders, the UN Declaration on Human Rights Defenders imposes a special duty on States not only to respect this right, but also to protect those who exercise this right through their exposure of human rights violations.

The ICJ calls on the Malaysian Government to safeguard freedom of expression and uphold the right of individuals to expose and disseminate information on human rights questions, including the documentation of human rights abuses. - ICJ (International Commission of Jurists) , 26/11/2013, Malaysia: drop criminal charges against human rights defender Lena Hendry for screening “No Fire Zone” film

Case Update:- 25/11/2013 - Application to strike out filed in High Court, next date 17/3/2014

Today (25/11/2013) was a case management, below is the update

1) Lena's lawyer informed the court that an application to strike out the charges/case had been made to the High Court. The date for the hearing of this application has not been set yet, and we will inform all when we get details.

2) The Magistrate fixed March 17th  2014 for the final case management,  and the trial dates have been fixed for 31st March  - 4th of April 2014.Lena's lawyer New Sin Yew tried to ask for a suspension of proceedings in Magistrate Court pending the high court judgement on the striking out application, but the Magistrate refused saying that he will set the dates first and if there is any instructions from the High Court, he can always review the dates later.

Magistrate Court 6

Magistrate:  Ashraf Razal Abdul Manan 

Deputy Public Prosecutor: Chean Ooi Ling

Lena's Defence Team: New Sin Yew, Edmund Bon, Joshua Tay

Watching Brief 

Suhakam(Malaysian Human Rights Commission) - represented by Siti Kasim

* European Union Delegation to Malaysia, represented by Mr Ivan, is following the case

** The news is that the American Bar Association (ABA)and the Bar Council will also be holding watching brief once the case starts

Thankfully no arrest warrant,... - next date for Lena's case is 25/11/2013

NEXT HEARING DATE:- 25 NOVEMBER 2013 (9 AM)

As you are aware, the courts fixed 12/11/2013 as the next date despite the fact that Lena Hendry had already indicated at an earlier date that she will be overseas. In a criminal trial, where the accussed person is released on bail, attendance at every court date is compulsory. Non-attendance can result in the issuance of an arrest warrant, possible contempt proceedings and even the cancellation of the bail which means Lena Hendry would be detained until the trial dates. [On the date, that they fixed 12/11/2013, the Magistrate was on medical leave and the court fixed the date]

Thankfully, eventhough Lena Hendry was not in court on 12/11/2013, on application of her lawyers, the court has fixed a new hearing date on 25/11/2013, a Monday. Lena would be back in Malaysia and would be able to attend court.

Do come and show your solidarity with Lena on the said date... it really matters. 

For those that do not know, we have an ONLINE PETITION which is addressed to Malaysia's Prime Minister and Malaysia's Attorney General (the Public Prosecutor) calling on them to Drop the Charges against Lena Hendry. Go and sign this petition, and get all your friends and families to do so.

 https://www.change.org/petitions/drop-the-criminal-charges-against-lena-hendry-dato-sri-mohd-najib-bin-tun-haji-abdul-razak-prime-minister-of-malaysia-and-tan-sri-abdul-gani-patail-the-attorney-general-of-malaysia

Magistrate Court 6

Magistrate:  Ashraf Razal Abdul Manan 

Deputy Public Prosecutor: Chean Ooi Ling

Lena's Defence Team: New Sin Yew, Edmund Bon, Joshua Tay

Watching Brief 

Suhakam(Malaysian Human Rights Commission) - represented by Siti Kasim

* European Union Delegation to Malaysia, represented by Mr Ivan, is following the case

** The news is that the American Bar Association (ABA)and the Bar Council will also be holding watching brief once the case starts

Lena not in Malaysia but court fixes 12/11/2013(Tuesday) as the next date

Magistrate Court 6

Magistrate:  Ashraf Razal Abdul Manan 

Deputy Public Prosecutor: Chean Ooi Ling

Lena's Defence Team: New Sin Yew, Edmund Bon, Joshua Tay

Watching Brief 

Suhakam(Malaysian Human Rights Commission) - represented by Siti Kasim

* European Union Delegation to Malaysia, Mr Ivan, will be following the case

** The news is that the American Bar Association (ABA)and the Bar Council will also be holding watching brief once the case starts

UPDATE:

The Magistrate was on Medical Leave, and case has now been fixed for 12/7/2013(Tuesday)

Ms Lena Hendry will not be available for about 10 days starting from 12th November 2013, and prior notice was given to the Magistrate about this at the last court date.On 7/11/2013, the Magistrate was not around and normally dates would be given by the court staff normally a pre-determined date, sometimes dates that are not suitable for parties.

In a Criminal trial, the accused person on bail MUST attend all court dates, failing which there is the risk that an Arrest Warrant may be issued, and even the Bail revoked and this mean Lena would held in detention. 

We hope that the Magistrate will be lenient as Lena Hendry will be overseas and will not be able to attend the court date this coming Tuesday(12/11/2013) more so since she had already long before informed the court that she would not be around on these dates.

Next Date: Tuesday(12/11/2013)

* Note Lena will not be able to attend, and the court will most likely fix NEW dates. [Attendance in solidarity and support may not be needed on this date]

Some News Links and Video links (some of which are already posted in this Blog, some not)

News Links

http://www.fidh.org/en/asia/Malaysia/14223-malaysia-ongoing-judicial-harassment-against-ms-lena-hendry

http://blogs.channel4.com/world-news-blog/trial-starts-woman-faces-jail-screening-channel-4-film/26268

http://womennewsnetwork.net/2013/11/04/woman-faces-prison-malaysia/

http://www.salem-news.com/articles/november052013/macrae-india.php

http://www.freemalaysiatoday.com/category/opinion/2013/10/11/time-to-abolish-censorship/

http://www.themalaymailonline.com/malaysia/article/putrajayas-backsliding-human-rights-eclipsing-najibs-earlier-reforms-says-w

http://www.aljazeera.com/indepth/features/2013/10/malaysia-rights-record-under-fire-20131023103329310210.html

http://www.thesundaily.my/node/228002

http://www.thesundaily.my/news/863914

http://www.freemalaysiatoday.com/category/nation/2013/10/23/unhcr-urged-to-look-into-msia-human-rights-slide/

http://www.yarl.com/forum3/index.php?showtopic=13168

Some Video News Links

Channel 4 - http://www.youtube.com/watch?v=BLihgqPPFxU

 

Ntv7 - http://www.ntv7.com.my/7edition/local-en/ACTIVIST_CHARGED_WITH_SCREENING_UNAPPROVED_DOCUMENTARY.html

 

Kini tv / Yahoo news - http://my.news.yahoo.com/video/filem-sri-lanka-anggota-komas-120038630.html

Woman faces prison for showing human rights film in Malaysia (Women News Network)

Woman faces prison for showing human rights film in Malaysia

WNN Justice

Ms. Lena Hendry, a human rights defender and Program Coordinator for Pusat KOMAS, a human rights organization in Malaysia, is facing charges of  because of her in showing a film highlighting human rights abuse of the Tamil people in Sri Lanka. Image: FLD

(WNN/FLD) Kuala Lumpur, MALAYSIA, SOUTH-EASTERN ASIA: On 7 November 2013, human rights defender Lena Hendry is due to appear at Majistret Court 6, Duta High Court Complex in Kuala Lumpur. She is charged under the Film Censorship Act 2002 for screening a documentary exposing human rights violations committed by the Sri Lankan military during the 2009 civil war.

Lena Hendry is a Program Coordinator for Pusat KOMAS, a human rights organization which works to empower indigenous peoples, urban poor, workers, and civil society organization through the use of popular media.

Lena Hendry is charged under Section 6 (1) (b) of the Film Censorship Act 2002 for showing a documentary entitled “No Fire Zone: The Killing Fields of Sri Lanka”, which is an investigatory documentary reporting how thousands of Tamil people were killed by the Sri Lankan military. The Sri Lankan authorities deny these allegations.

“To advocate a policy or a law that says that film or video material must be pre-approved by the government before it can be used is in itself a violation of principles of human rights and the UN Human Rights Defender Declaration,” says Pusat KOMAS along with 112 other human rights organizations in a public letter directed to the Malaysian government.

If the human rights defender is found guilty, she could face a fine of between RM5,000 and RM30,000 (approximately $1,576 to $9,455 USD) and/or a maximum of three years in prison.

Lena Hendry last appeared in court on October 21, 2013 when documents including the charge sheet, the police report, the layout of the venue where the documentary was shown, and a copy of the film in DVD format were provided to the court.

In a recent release Front Line Defenders reiterates the call for the authorities in Malaysia to immediately drop the charge against Lena Hendry as it is solely motivated by her legitimate and peaceful work in the defense of human rights. For more information on the case, please see the original urgent appeal dated 20 September 2013. 

Source: Women News Network, 7/11/2013, Woman faces prison for showing human rights film in Malaysia

Show solidarity with Lena Hendry on 7/11/2013 at 9am in court

Upcoming court date

7/11/2013, 9am
Magistrate Court 6, 2nd Floor, Duta Court Complex, Kuala Lumpur