Malaysia
21.01.03
Urgent Interventions
Malaysia: Raid at the offices of Malaysiakini, an online newspaper
OPEN LETTER TO DATO' SERI DR. MAHATHIR BIN MOHAMAD
Prime Minister of Malaysia
Paris – Geneva, 21st January 2003
Mr. Prime Minister,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, wish to express their deepest concern about the raid of the offices of Malaysiakini, the online daily newspaper which has been in operation since 1999, conducted by police officers on 20th January 2003, following allegations that a reader’s letter published by the newspaper on 9th January 2003 violated the Sedition Act.
According to the information received, about 10 policemen from the Kuala Lumpur Dang Wangi District Police Station and the Computer Crime Department of the Bukit Aman National Police Headquarters raided the office of Malaysiakini, in connection with a police report lodged by the youth wing of the United Malay National Organisation (UMNO) on 17th January 2003 on a letter published by Malaysiakini, which is claimed by the UMNO youth to have seditious content for questioning the malay special rights and instilling hatred towards the government and non-Malay Malaysians.
The Sedition Act (1948) which provides power to the police to seize materials to preserve evidence contains a very broad definition of seditious acts including acts that bring hatred or contempt or excite disaffection against any ruler, the government or the administration of Justice. It also prevents the questioning of the special position of Malays and citizenship rights of the non-Malays. A violation of the act is punishable by up to three years in prison. This law forms part of a framework of very repressive legislation, in particular concerning what is perceived as a threat to the National Security, like the Internal Security Act, which is at the disposal of the authorities to restrict fundamental freedoms. Such laws have been condemned unanimously by human rights groups, international non governmental organizations as well as the United Nations mechanisms, such as the Special Rapporteur on freedom of expression and opinion because of their lack of judicial guarantees and their purposeful use to arrest targeted individuals perceived as being too critical of the government, be it because of their activities in political parties or their involvement in organising civil society.
It has been reported that although the police officers were offered to have access to the server which contained the alleged seditious letter, they took away 15 computers and 4 servers in Malaysiakini's office. NGOs in Malaysia, as well as Suhakam members (National Human Rights Commission) have expressed their concern on the fact that this operation might be a crack against freedom of the press as it will allow the police to have full access to all confidential information of Malaysiakini. The police also took away the organisational chart of Malaysiakini and Steven Gan, editor-in-chief of Malaysiakini, was asked to record a witness statement at the Dang Wangi District police station at 11.00 am on 21 January 2003.
During its international mission of inquiry conducted in March 2002, the Observatory had been informed about pressure exerted on the online newspaper that had previously benefited from a loophole in the legislation. Although the government has launched its project of a MultiMedia Super Corridor and in this context has guaranteed that they will be no control of internet contents, government officials have repeatedly threatened to prosecute the newspaper if it “endangered national security”. Publicly vilified for its supposedly defamatory articles on Malaysia, journalists of Malaysiakini have been submitted to discrimination, e.g. an unofficial “ban” for interviews from all government officials, which is not strictly enforced.
M. Prime Minister,
The Observatory for the Protection of Human Rights Defenders wishes to express its concern that this raid might be an act of intimidation of the independent media and a further crackdown to stifle freedom of expression in the country and calls Malaysian authorities to take the present submission into account in order to comply with its international and regional commitments with regard to freedom of opinion, expression and association in Malaysia and to allow Malaysiakini to operate freely.
We thank you for your attention.
Sidiki KABA Eric SOTTAS
President of the FIDH Director of the OMCT
Prime Minister of Malaysia
Paris – Geneva, 21st January 2003
Mr. Prime Minister,
The International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), within the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, wish to express their deepest concern about the raid of the offices of Malaysiakini, the online daily newspaper which has been in operation since 1999, conducted by police officers on 20th January 2003, following allegations that a reader’s letter published by the newspaper on 9th January 2003 violated the Sedition Act.
According to the information received, about 10 policemen from the Kuala Lumpur Dang Wangi District Police Station and the Computer Crime Department of the Bukit Aman National Police Headquarters raided the office of Malaysiakini, in connection with a police report lodged by the youth wing of the United Malay National Organisation (UMNO) on 17th January 2003 on a letter published by Malaysiakini, which is claimed by the UMNO youth to have seditious content for questioning the malay special rights and instilling hatred towards the government and non-Malay Malaysians.
The Sedition Act (1948) which provides power to the police to seize materials to preserve evidence contains a very broad definition of seditious acts including acts that bring hatred or contempt or excite disaffection against any ruler, the government or the administration of Justice. It also prevents the questioning of the special position of Malays and citizenship rights of the non-Malays. A violation of the act is punishable by up to three years in prison. This law forms part of a framework of very repressive legislation, in particular concerning what is perceived as a threat to the National Security, like the Internal Security Act, which is at the disposal of the authorities to restrict fundamental freedoms. Such laws have been condemned unanimously by human rights groups, international non governmental organizations as well as the United Nations mechanisms, such as the Special Rapporteur on freedom of expression and opinion because of their lack of judicial guarantees and their purposeful use to arrest targeted individuals perceived as being too critical of the government, be it because of their activities in political parties or their involvement in organising civil society.
It has been reported that although the police officers were offered to have access to the server which contained the alleged seditious letter, they took away 15 computers and 4 servers in Malaysiakini's office. NGOs in Malaysia, as well as Suhakam members (National Human Rights Commission) have expressed their concern on the fact that this operation might be a crack against freedom of the press as it will allow the police to have full access to all confidential information of Malaysiakini. The police also took away the organisational chart of Malaysiakini and Steven Gan, editor-in-chief of Malaysiakini, was asked to record a witness statement at the Dang Wangi District police station at 11.00 am on 21 January 2003.
During its international mission of inquiry conducted in March 2002, the Observatory had been informed about pressure exerted on the online newspaper that had previously benefited from a loophole in the legislation. Although the government has launched its project of a MultiMedia Super Corridor and in this context has guaranteed that they will be no control of internet contents, government officials have repeatedly threatened to prosecute the newspaper if it “endangered national security”. Publicly vilified for its supposedly defamatory articles on Malaysia, journalists of Malaysiakini have been submitted to discrimination, e.g. an unofficial “ban” for interviews from all government officials, which is not strictly enforced.
M. Prime Minister,
The Observatory for the Protection of Human Rights Defenders wishes to express its concern that this raid might be an act of intimidation of the independent media and a further crackdown to stifle freedom of expression in the country and calls Malaysian authorities to take the present submission into account in order to comply with its international and regional commitments with regard to freedom of opinion, expression and association in Malaysia and to allow Malaysiakini to operate freely.
We thank you for your attention.
Sidiki KABA Eric SOTTAS
President of the FIDH Director of the OMCT