Jun 2, 2016 | News
The ICJ is alarmed by the intimidation and harassment experienced by bloggers in Singapore recently, perpetrated by police authorities.
In the last few days, the homes of four bloggers were raided and their phones and laptops confiscated, without the legal process or justification required by international standards.
The ICJ strongly urges the Government of Singapore to stop this harassment and ensure that bloggers are protected against such unjustified interference with or reprisals for the exercise of their right to freedom of expression.
“By resorting to this kind of harassment and intimidation of bloggers, Singapore is showing complete disregard for human rights and the rule of law,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
“The Government of Singapore must stop intimidating citizens who express their political opinions openly. The actions taken by the Singaporean police against the four bloggers do not only constitute an attack on freedom of opinion and expression in the country, but also clearly violates their right to privacy,” he added.
On 27 May 2016, the Election Department of Singapore filed police reports alleging that bloggers Roy Ngerng and Teo Soh Lung, and The Independent Singapore, an independent news website, violated the rules against election advertising ahead of polling day.
Under Singapore’s election rules, campaigning is prohibited 24-hours prior to polling day, which is called the “Cooling-Off Day”.
Roy Ngerng and Teo Soh Lung were alleged to have written posts on their social media accounts expressing support for the opposition candidate, Mr. Chee Soon Juan.
The Independent Singapore, on the other hand, was alleged to have published articles that amount to election advertising.
The ICJ considers that provisions or interpretations of Singapore’s election laws that would impose a sweeping ban on all political expression in relation to particular candidates in a 24-hour period prior to polling day, including the expression of opinions by private individuals without remuneration, cannot constitute a demonstrably justified and proportionate restriction on freedom of opinion and expression under international standards.
Early this year, the delegation representing the Government of Singapore said as it went through the 2nd cycle of the Universal Periodic Review that “no one in Singapore is prosecuted for criticizing the government or its policies.”
The delegation emphasized that Singapore’s Constitution guarantees the right to freedom of expression.
The Government of Singapore also accepted recommendations made by other States at the Universal Periodic Review to “ensure the full enjoyment of the right to freedom of expression”.
It also accepted the recommendation to protect bloggers from persecution and harassment for the exercise of their human rights.
The ICJ urges the Government of Singapore to remain true to the commitments it made during the recent Universal Periodic Review and respect the right to freedom of expression of bloggers.
Contact:
Emerlynne Gil, ICJ’s Senior International Legal Adviser for Southeast Asia, t: +668 4092 3575 ; e: emerlynne.gil(a)icj.org
Additional information
On 6 May 2016, The Independent Singapore published two articles: 5 Highlights of DPM Speech and Workers’ Party and the Bukit Batok by-election – what WP members said.
The first article reported about the speech of the Deputy Prime Minister of Singapore at the rally of the ruling party, the People’s Action Party (PAP), wherein he expressed support for the PAP candidate.
The second article reported statements made by the Workers’ Party (WP) members on key issues relating to the elections.
On 7 May 2016, it published the article Tan Cheng Bock Denies involvement in posting by irrational group of PAP fans, where it reported on how the former Member of Parliament, Dr. Tan, disavowed statements he allegedly made and that were posted on the Facebook group which favor the ruling party.
On 31 May 2016, Roy Ngerng and Teo Soh Lung were interrogated for three hours by police. The two were interrogated separately. Teo Soh Lung was accompanied by her lawyer, while Roy Ngerng was not.
After the interrogation, the police accompanied the bloggers back to their respective homes. The police searched their homes without warrants or their consent, and confiscated their mobile phones, laptops, and hard disks. After the search, Roy Ngerng was taken back to the police station and interrogated for another few hours.
At the police station, law enforcement authorities intimidated Roy Ngerng into logging in and out of his social media accounts and his blog, The Heart Truths, in their full view and presence.
The publisher and editor of The Independent Singapore were likewise interrogated separately by the police, on 31 May 2016 and 1 June 2016. Their mobile phones and laptops were also confiscated by the police after their interrogation.
May 31, 2016 | News
Myanmar’s Supreme Court engages in 2nd High Level Dialogue with the ICJ on Drafting and Implementing a New Judicial Code of Ethics and Accountability.
The ICJ, the United Nations Development Program and the Office of the Supreme Court of the Union (OSCU) held a High Level Dialogue on “Implementing a Code of Judicial Ethics” in Nay Pyi Taw on 30-31 May 2016.
This dialogue followed a commitment by the OSCU to draft a code and to ensure it is informed by and implemented in accordance with international best practice. The OSCU’s Judicial Ethics Review Committee, Supreme Court and High Court Judges and other senior court administrators participated in the dialogue.
Building on the previous dialogue’s focus on the contents of a code of ethics, the participants and their international counterparts from the ICJ and UNDP discussed international standards for accountability and implementation mechanisms to accompany a code of ethics.
In opening the dialogue, the Honourable Supreme Court Justice of the Union, U Mya Thien explained that the new code reflected international standards and would enhance public trust and promote accountability in the Judiciary.
In his opening remarks, ICJ Commissioner and Justice of the Supreme Court of South Africa, Azhar Cachalia, explained the importance of the code as a basis for legitimacy and independence.
He stressed that the judiciary must become accountable to the public.
“Myanmar has an historic opportunity to make decisions that will shape the judiciary for generations to come,” he said.
During the dialogue, the UNDP’s Elodie Beth outlined research on regional judicial accountability and its lessons for Myanmar.
Sam Zarifi, the ICJ’s Regional Director shared experience and international standards on implementing a code of ethics Zarifi explained that “in order for it to be effective, the Supreme Court must establish mechanisms and institutions to hold judges accountable to the code of ethics.”
All participants agreed that implementing a proper code of ethics would strengthen the accountability and independence of Myanmar’s judiciary.
Both the UNDP and the ICJ congratulated the OSCU for following its Strategic Plan for 2015-2018 and engaging in a dialogue designed to further this process.
Both expressed willingness to continue working with Myanmar’s judiciary on the issues of judicial independence, the rule of law and human rights.
May 30, 2016 | News
The ongoing criminal trial in the Loei Provincial Court, where a verdict is awaited tomorrow, is an important test of Thailand’s commitment to hold those responsible for criminal offences against human rights defenders to account, the ICJ and Protection International said today.
On 31 May, the Loei Provincial Court will render its verdict following the trial of retired Royal Thai Army officer, Lt Gen Poramet Pomnak, and his son, Royal Thai Army officer, Lt Col Poramin Pomnak, on criminal charges related to their alleged participation in a violent attack by a group of over 100 armed men against members of the Khon Rak Ban Kerd Group (KRBKG) in Nanonbong village in Loei and other villagers.
The victims were assaulted and held captive for over seven hours during the attack in the evening of 15 May 2014.
More than 20 people were injured, with seven requiring hospitalization for serious injuries.
KRBKG is a community-based group protesting what they allege is the damaging impact of mining operations on their health and their environment.
Most of KRBKG’s activities have focused on stopping the operations of the Phuthapfa gold mine operated by Thai company, Tungkum Ltd., situated in Loei Province.
“This case has become emblematic of the human rights abuses faced by human rights defenders trying to protect their communities in Thailand,” said Sam Zarifi, ICJ’s Asia Director. “Many people are looking at this case to see whether the Thai government will follow through on its commitment to protect human rights defenders.”
The attack on Nanonbong village occurred after KRBKG and local residents barricaded the road to the gold mine, which passes through the village.
During the attack, the barricade was destroyed and at least 13 trucks were reportedly seen transporting materials from the mine site.
Partly based on the villagers’ testimony that Lt Col Poramet Pomnak and Lt Col Poramin Pomnak were involved in the 15 May violence, the two were indicted on several charges, including offences of ‘injury to the person causing bodily harm’ and ‘false imprisonment’ (or illegal deprivation of liberty), under articles 295 and 309 of the Thai Criminal Code.
“Given credible reports that a group of over 100 armed men were involved, the ICJ is concerned that only two people have been indicted for the attack, and we are therefore calling on the Thai authorities to re-open investigations and ensure all those responsible are held to account and redress is provided for the victims concerned,” Zarifi added.
The case against Lt Col Poramet Pomnak and Lt Col Poramin Pomnak comes against a background of disputes between KRBKG and Tungkum Ltd.
The company filed at least 19 criminal and civil lawsuits against 33 members of KRBKG and other villagers in the past seven years.
One of those cases includes claims of criminal defamation against a 15-year old girl who allegedly made negative statements about the company’s activities on a television program.
Members of KRBKG have joined as plaintiffs in the criminal case and are demanding compensation from the two defendants.
Background
Lt Col Poramet Pomnak and Lt Col Poramin Pomnak were formally indicted on the following charges of the Thai Penal Code: articles 295 (‘injury to the person causing bodily harm’) and 296 (sentencing for bodily harm), 309 (‘false imprisonment’ or ‘illegal confinement’) and 310 (sentencing for false imprisonment), 358 (‘offence of mischief’ or ‘damage to property’) 371 (‘offence of bearing arms’), 376 (‘offence of discharging a firearm’), 391 (sentencing for acts of violence not amounting to bodily harm) taken together with articles 32, 33, (‘forfeiture of property used in the commission of an offence’) 83, 84, (principals and accomplices, accessories or conspirators) 91, (articles 90 and 91 set out provisions for sentencing when an act constitutes multiple offences. Sentences can be awarded for each offence consecutively, but with a maximum time as prescribed by article 91); and articles 4, 7, 8bis, 72, 72bis of the Firearms, Ammunition, Explosives, Fireworks, and the Equivalent of Firearms Act B.E.2490 (1947); article 3 of the Firearms, Ammunition, Explosives, Fireworks, and the Equivalent of Firearms Act (No.3) B.E.2501 (1958); No. 3, 6, 7 of the Order of the Announcement of the National Administrative Reform Council no.44 dated 21 October 1976.
Thailand has a legal obligation to protect all human rights defenders from retaliation for the legitimate and lawful exercise of their rights. On 17 December 2015, Thailand joined 126 other States at the UN General Assembly in adopting one of the latest UN resolutions on human rights defenders. General Assembly resolution 70/161 recognizes the importance of States’ protection of human rights defenders, in particular from being prosecuted for peaceful activities and against other threats, harassment and intimidation; and encourages States to investigate allegations of intimidation and reprisals, and to bring perpetrators to justice.
Thailand-Loei case-News-2016-THA (full text in Thai, PDF)
May 15, 2016 | News
The ICJ hosted a workshop on “Sexual Orientation and Gender Identity and International Human Rights Law” in Yangon on 14 and 15 May 2016.
The workshop was the first of its kind in Myanmar to bring together such a varied group of people to discuss the topic of Sexual Orientation and Gender Identity (SOGI) and international human rights law.
The event drew together a diverse group, including more than 50 lawyers from different parts of Myanmar, along with lesbian, gay, transgender, bisexual, inter-sex and queer (LGBTI) activists, members of the Myanmar National Human Rights Commission, and regional academics and lawyers and international experts.
Myanmar-SOGI workshop-News-Web Story-2016-ENG (full story in PDF)
May 13, 2016 | News
The ICJ and other human rights organizations condemn the imminent executions of Kho Jabing in Singapore and at least 15 individuals which apparently includes, 4 Chinese nationals, 2 Nigerians, 2 Zimbabweans, 1 Senegalese, 1 Pakistani and 5 Indonesian nationals in Indonesia.
The organizations call on the authorities of the two countries to halt the impending executions.
On 12 May 2016, the family of Kho Jabing, a Malaysian national on death row in Singapore, received a letter from the Singapore Prisons informing them that he would be executed on 20 May 2016. Kho Jabing was convicted of murder in 2011.
Of particular concern is the fact that there was a lack of unanimity in sentencing Kho Jabing to death, which demonstrates that reasonable doubt exists as to whether he deserved the death penalty.
As regards the imminent executions that will be taking place in Indonesia, Indonesia would contravene her own international obligations under the International Covenant on Civil and Political Right by executing these individuals.
The Association of South East Asian Nations Member States (“ASEAN”), including Singapore and Indonesia, have continuously emphasized the importance of the rule of law and the protection of rights.
The death penalty therefore stands out as an aberration.
In December 2014, the United Nations General Assembly adopted its latest resolutions calling on all States to adopt a moratorium on the use of the death penalty, with a view towards abolition.
A record number of 117 Member States supported the Resolution.
Regrettably, Indonesia abstained and Singapore voted against the Resolution.
The ASEAN Member States must use the opportunity presented by this Resolution to align themselves with the global movement towards abolition.
Singapore has recently undergone its second Universal Periodic Review in January 2016.
The continued use of the death penalty was one of the key highlights of the review, with Singapore receiving over 30 recommendations related to the death penalty, including recommendations to abolish the death penalty.
In 2015, Indonesia, a United Nations Human Rights Council Member until 2017, executed 14 individuals convicted of drug-related offences amid strong international opposition.
The imminent executions would further damage Indonesia’s human rights record and erode her standing in the international community.
The death penalty has no place in the 21st Century.
Not only is there a real possibility of wrongful executions, it deprives inmates of their life and dignity, and creates new classes of victims.
We strongly urge the governments of Singapore and Indonesia to halt the upcoming executions, immediately impose a moratorium on the use of the death penalty and take meaningful steps towards its eventual abolition.
List of signatories:
Anti-Death Penalty Network Asia (ADPAN)
Center for Prisoner’s Rights Japan (CPR)
Community Action Network (CAN, Singapore)
Free Community Church (Singapore)
Function 8 (Singapore)
MADPET (Malaysians Against Death Penalty and Torture)
Maruah (Singapore)
International Commission of Jurists (ICJ)
Journey of Hope
Legal Aid Community (LBH Masyarakat, Indonesia)
Murder Victims’ Families for Human Rights (MVFHR)
Ocean
Pusat Studi Hukum dan Kebijakan Indonesia (The Indonesian Center for Law and Policy Studies)
Reprieve Australia
Sayoni (Singapore)
Singapore Anti-Death Penalty Campaign (SADPC)
Suara Rakyat Malaysia (SUARAM)
Taiwan Alliance to End the Death Penalty (TAEDP)
The Commission for the Disappeared and Victims of Violence (KontraS, Indonesia)
The Indonesian Center for Law and Policy Studies (PSHK, Indonesia)
The Institute for Criminal Justice Reform (ICJR, Indonesia)
The Institute for Policy Research and Advocacy of Indonesia (ELSAM)
The National Human Rights Society, Malaysia (HAKAM)
Think Centre Singapore
We Believe in Second Chances (WBSC, Singapore)
Contact:
Sam Zarifi, ICJ Asia-Pacific Director, t: +66-807-819-002; e: sam.zarifi(a)icj.org
May 9, 2016 | News
The ICJ is deeply concerned at the recent legal harassment of several Cambodian human rights defenders and perceived political opponents, which raises serious questions as to the impartiality of the investigators, prosecutors and judges involved.
The ICJ calls on the Government to immediately conduct an independent review of the decision to pursue these cases, to end the prosecution of those who have been charged if the allegations are found to be groundless or the proceedings to have been unlawful or abusive, to cease the use of judicial and prosecutorial processes to harass and intimidate human rights defenders and perceived political opponents, and to respect its international obligations under the Convention on the Privileges and Immunities of the United Nations.
“The decision to proceed with these cases should be subject to a careful and independent review and any charges that have resulted must be dropped if the allegations are found to be without merit or have been carried through unlawful or abusive procedures,” said Kingsley Abbott, International Legal Adviser for Southeast Asia with the ICJ.
“The strong appearance of bias present in these cases flies in the face of the absolute right of all accused to have their case considered by independent and impartial prosecutors and judges at every stage of the process,” he added.
The different proceedings all stem from allegations centered on an alleged affair between Khom Chandaraty (also known as Srey Mom) and Kem Sokha, acting leader of the opposition Cambodia National Rescue Party (CNRP).
After a voice recording appeared on social media, allegedly of a conversation between them, the Cambodian Counter-Terrorism Directorate of the Government’s Central Directorate for Security “invited” Srey Mom for questioning, which prompted her to seek human rights assistance from a leading Cambodian NGO, the Cambodian Human Rights and Development Association (ADHOC).
On 11 March 2016, the Counter-Terrorism Directorate questioned Srey Mom. She denied the suggestions she had a relationship with Kem Sokha and that she was the female voice on the recording.
On 19 April 2016, after having met with ADHOC on a number of further occasions, Srey Mom was asked in a closed session with a prosecutor at the Phnom Penh Municipal Court to answer allegations of having provided false testimony and of having engaged in prostitution.
On this occasion, Srey Mom admitted to a relationship with Kem Sokha.
On 22 April 2016, Srey Mom alleged in an open letter that ADHOC staff had attempted to persuade her to lie to the authorities.
On 2 May 2016, an Investigating Judge in Phnom Penh charged four staff members of ADHOC, Nay Vanda, Ny Sokha, Yi Soksan, and Lem Mony, with “bribery of a witness”.
A former staff member of ADHOC, Ny Chakrya, and a staff member of the Cambodia Office of the High Commissioner for Human Rights (OHCHR), Sally Soen, were also charged with being accomplices, notwithstanding Sally Soen’s immunity from prosecution under the Convention on the Privileges and Immunities of the United Nations.
The allegation of bribery appears to relate to the fact that ADHOC reportedly provided Srey Mom with a small sum of money to cover food and transport costs, including to attend questioning by judicial authorities.
“While Cambodia has a positive legal duty under international law to protect human rights defenders from attacks arising out of their work, these proceedings appear to be aimed at intimidating and silencing Cambodian civil society and are the latest in a series of laws and actions directed against them,” said Abbott.
Last year, the Government passed the Law on Associations and NGOs (LANGO), which Abbott stated would “severely restrict the ability of members of civil society to exercise their rights to freedom of association and expression which Cambodia has a duty to protect under its international obligations.” Abbott further stated that the Governments intention was to “…weaken the impact of NGOs, including human rights defenders.”
Under Article 12 of the United Nations Declaration on Human Rights Defenders, States have an obligation to take all necessary measures to ensure the protection of human rights defenders, including against any threats, pressure, retaliation or arbitrary action as a consequence of the legitimate exercise of their rights under the Declaration.
In other proceedings, the Phnom Penh Municipal Court summoned Kem Sokha to answer allegations of criminal defamation and two other members of the CNRP, Pin Ratana and Tok Vanchan, have been questioned about allegations of prostitution.
Political commentator, Ou Virak, has been summoned to appear in the Phnom Penh Municipal Court on 12 May 2016 to answer allegations of criminal defamation for expressing the view that the ruling Cambodian Peoples Party (CPP) was exploiting the alleged affair between Kem Sokha and Srey Mom.
On 24 April 2016, a CNRP commune chief, Seang Chet, was arrested and detained on charges of bribery after Srey Mom alleged Seang Chet had attempted to pay her mother US $500 to encourage her to deny the affair.
Read also:
Cambodia: the ICJ condemns Senate’s approval of draft Law on Associations and NGOs
Cambodia: approved NGO law poised to hobble the work of civil society
Cambodia: withdraw draft law on associations and non-governmental organizations – joint letter
Cambodia: ICJ and other rights groups urge end to NGO law
Contact
Kingsley Abbott, ICJ’s International Legal Adviser, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
