Nov 27, 2014 | News
The ICJ today strongly condemned the decision by Prime Minister Najib Razak to retain and even strengthen the country’s 1948 Sedition Act despite having made a commitment in 2012 to repeal the Act.
The ICJ has repeatedly expressed its concern that the Sedition Act has been used to stifle and criminalize the exercise of freedom of expression and to silence human rights defenders, lawyers, political activists, among others.
The ICJ considers the Act as it stands to be incompatible with international human rights standards and to be made still more repugnant by the politically loaded manner in which it is typically applied.
In early September, the ICJ denounced the use of sedition against two members of the legal profession, Dr. Azmi Sharom (photo) and N. Surendran for commenting on questions of law and public policy.
On 20 September 2014, Edmund Bon a prominent human rights and constitutional lawyer, was questioned by the police regarding comments made in a based on the decision of a Malaysian Federal Court.
On 30 September 2014, Dr. Abdul Aziz Bari, a law professor at the University of Selangor, was summoned for a police interview over comments made about the selection process of the new Chief Minister by the Sultan of Selangor.
Background:
The 1948 Sedition Act, originally enacted by the British colonial government and amended several times over the years, criminalizes speech and publications considered to have “seditious tendencies”.
The term “seditious tendencies” is ambiguously defined to mean any kind of speech or publication that causes “hatred or contempt, or excite disaffection” against any ruler or the government or promotes “ill will and hostility between the different races or classes”.
The law also considers “seditious” any speech or publication that questions the special privileges of the Malay people, as provided in the Constitution.
Furthermore, sedition is a strict liability offence in Malaysia, which means that the intention of a person allegedly making seditious statements is irrelevant.
For instance, a person making a statement may not have the intent to cause “hatred or contempt” towards the government, but may nonetheless be held liable for sedition if authorities believe that the person in fact incited such feelings.
The ICJ considers that the Act, by its very terms, contemplates restrictions on the exercise of freedom of expression that are grossly overbroad and inconsistent with basic rule of law and human rights principles.
Nov 19, 2014 | News
Thailand must end immediately the prosecution of civilians in military tribunals and transfer all remaining cases to the civilian courts, said the International Commission of Jurists (ICJ) today.
On 18 November 2014, the Bangkok Military Tribunal convicted a political broadcaster, Khathawut B., of lese majeste under article 112 of the Thai Criminal Code and Article 14 of the Computer Crimes Act, and sentenced him to five years in jail following a plea of guilty. The court barred observers and the public from the proceedings on the ground that they “concerned matters of national security.”
There is no appeal possible under article 61 of the Thai Act for the Organization of the Military Court so long as Thailand remains under Martial Law, which has been in force nationwide since May 22.
“Under international standards, civilians should not be subject to the jurisdiction of military tribunals, particularly where, like in military-ruled Thailand, military tribunals lack the institutional independence from the executive required by international law regarding fair trials. Thus, civilians convicted before such tribunals should have the right to a new trial before a civilian court,” said Wilder Tayler, Secretary General of the ICJ. “This case also highlights another very serious problem with the state of human rights in Thailand: Thailand’s misuse of criminal defamation laws to imprison people exercising their right to freedom of expression.
The National Council for Peace and Order (NCPO) extended the jurisdiction of military tribunals over civilians after it took power by a coup d’etat and imposed Martial Law throughout Thailand. Prior to this, civilians had not been subject to military jurisdiction in Thailand for crimes not directly involving the military for decades, including during the state of emergency in place in southern Thailand since 2004.
Among crimes now within the jurisdiction of military tribunals in Thailand is lese majeste – criminalizing the making of statements that could be construed as defaming or insulting the Thai Monarchy. Such broad restrictions violate the right to freedom of expression guaranteed under article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.
Since the coup, at least 69 civilians have faced prosecution before military tribunals in Thailand on charges ranging from breaching NCPO orders, to planning a terrorist act and lese majeste.
Under article 14 of the ICCPR, everyone has the right to a “fair and public hearing by a competent, independent and impartial tribunal established by law.” The imposition of Martial Law, and the State’s suspension of some of its obligations under the ICCPR, including the right to appeal guaranteed by article 14(5) for cases heard by military tribunals, does not affect the applicability of this provision.
“All prosecutions of civilians before military tribunals must be transferred to civilian courts immediately, if Thailand is to comply with its international obligations,” said Tayler. “There is absolutely no excuse or justification for the use of military tribunals to prosecute civilians in Thailand, and especially not for simply exercising the right to freedom of expression.”
The Draft Principles Governing the Administration of Justice through Military Tribunals, set out principles that apply to state use of military tribunals.
Principle 5 states “Military courts should, in principle, have no jurisdiction to try civilians. In all circumstances, the State shall ensure that civilians accused of a criminal offence of any nature are tried by civilian courts.”
Further, Principle 2 states “Military tribunals must in all circumstances apply standards and procedures internationally recognized as guarantees of a fair trial.” Military tribunals must in all circumstances respect the principles of international law relating to a fair trial, even in times of crisis.
Thailand-military courts-news-press release-2014-THAI (full text, PDF)
Nov 7, 2014 | Multimedia items, News, Video clips
For the fist time, about 40 judges and representatives from judicial training institutions across Southeast Asia gathered to discuss recent developments in international human rights law on the right to life, with a focus on extrajudicial executions, deaths in custody and enforced disappearances.
Nov 5, 2014 | Events, News
On 6 and 7 November 2014, judges and representatives of judicial training institutions from most ASEAN Member States will gather in Manila to discuss recent developments in international human rights law on questions relating to the right to life.
Among the areas of consideration will be custodial deaths and other extrajudicial killings and enforced disappearances.
The two-day event, entitled Judicial Dialogue on Deciding Cases Involving Human Rights Violations in the ASEAN, is organized by the ICJ in collaboration with the Working Group for an ASEAN Human Rights Mechanism.
This initiative is also part of ICJ’s continuous efforts to support Southeast Asian judiciaries through the facilitation of colloquia and dialogues.
Among the event’s participants are Honourable Dato Seri Paduka Hj Kifrawi bin Dato Paduka Hj Kifli, Chief Justice of Brunei Darussalam; ICJ Commissioners Justice Adolfo S. Azcuna and Professor Vitit Muntarbhorn; and Dato’ Param Cumaraswamy, Co-Chairperson of the Working Group for an ASEAN Human Rights Mechanism and Former UN Special Rapporteur on the independence of Judges and Lawyers.
This Judicial Dialogue is aimed to be a platform for peer-to-peer sharing of experiences among judges, representatives from judicial training institutions, and lawyers and other jurists in the ASEAN.
Some of the discussions expected to take place include the international legal framework on the right to life, including custodial deaths and other extrajudicial executions; landmark cases that have previously found state authorities accountable for serious violations of human rights; and challenges faced by judges in cases involving serious violations of human rights and practical solutions to overcome them.
ASEAN-Programme Judicial Dialoghe-News-Events-2014-ENG (full text PDF)
Oct 15, 2014 | News
The Malaysian government must ensure a rally tomorrow by lawyers protesting the country’s stifling Sedition Act can proceed peacefully, without undue interference by the police, who must take lawful measures to prevent violence from counter protesters, said the ICJ today.
Oct 15, 2014 | News
Judges and representatives from judicial institutes from across Southeast Asia are attending a regional workshop to discuss how they can help counter gender-based violence and gender stereotypes.
The workshop, organized by the UN Women Regional Office for Asia and the Pacific, in collaboration with the Office of the Thai Judiciary and the ICJ is held in Bangkok on 15 and 16 October 2014.
This Regional Workshop for Judicial Training Institutions on Good Practices in Promoting Women’s Human Rights Compliant Justice Delivery will focus on using the CEDAW Convention and on eradicating gender stereotypes, especially in cases related to violence against women.
It also aims to improve the progress of the implementation of the CEDAW Convention and strengthen the regional network of judicial training institutions in eight Southeast Asian countries, namely Cambodia, Indonesia, Lao PDR, Myanmar, the Philippines, Thailand, Timor-Leste and Vietnam.
Speakers at the opening session include Hon. Justice Pattarasak Vannasaeng, Secretary-General of the Office of the Thai Judiciary; H.E. Mr. Philip Calvert, Ambassador of Canada for Thailand; Ms. Roberta Clarke, Regional Director of the UN Women Regional Office for Asia and the Pacific; and Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
Thailand-Women Judicial training-News-web story-2014-ENG (full text in PDF)
