DEFEND THE DEFENDERS

URGENT APPEAL: KEEP IRENE FREE!!!

THE FINAL ROUND IN THE HIGH COURT APPEAL ?

TRIAL OF IRENE FERNANDEZ, DIRECTOR OF TENAGANITA


The trial of Irene Fernandez, Director of Tenaganita will resume on Nov 24, 2008 till Nov 28, 2008. Will this be the final round of hearings in the High Court in Kuala Lumpur after a series of postponements since April 1, 2008?

It is still uncertain, though the High Court Judge Yang Arif Hakim Dato’ Haji Mohamad Apandi Bin Haji Ali  assured the court at different hearings that he will make a decision on the Appeal by mid December 2008.  Irene, Tenaganita and all of us who believe in justice, freedom and respect of human rights want the trial to come to a just end as soon as possible. It is the longest running trial in Malaysian history.

The appeal has been riddled with problems and postponements.  At the mention date on June 11, the court was informed that papers with statements of important prosecution witnesses were found to have gone missing. It was postponed to Aug 5, 2008.  The judge ordered the Registrar of the courts to make a police report.  The notes were miraculously found.

On Aug 5,  the appeal once again came to a standstill when the court was told a computer virus had wiped out a portion of a specific volume of notes required for the trial.  The trial records took two more months to be fully compiled.

Irene was arrested and charged on March 18, 1996 under the Printing Presses and Publication Act 1984 after she exposed the horrific and inhumane conditions in Immigration detention centers in Malaysia through a Memorandum entitled ‘Abuse, Torture and Dehumanised Conditions of Migrant Workers in Detention Centres' to the government in July 1995.

After seven years at the Magistrates court, in October 2003, Irene was sentenced to 12-month imprisonment  after being found guilty  of maliciously publishing false news. She was allowed bail pending appeal.

On October 28, 2008, the defence lawyer M. Puravalen, told the court  that while he has received as many as 8,988 pages of handwritten and typed notes amounting to a total of eight volumes of documents - including exhibits - portions of them are “incomprehensible”.  “In other words, the evidence cannot be understood”, he said.

Puravelan said that as the situation is “unprecedented to a large extent in terms of the law”, the options and the ultimate decision taken would have to be considered very carefully.

This trial filled with glitches and concerns faced a new challenge where the Appeal records were incomprehensible including serious errors in the notes of evidence. It also reveals the court system and the inherent weaknesses of keeping of records to ensure the basics for justice and liberties of persons. 

The trial should never have happened if Malaysia had respect for rights, freedom, democracy and an independent judiciary system.  It is a trial where freedom of expression is challenged; where human rights defender is criminalized; where there is absolute disregard for the rights of detainees and minorities like migrant workers and refugees.

Therefore, it is indeed crucial that responses and actions are taken to ensure that Irene is kept free.  The Appeal in the High Court must be granted.

The Malaysian government is a member of the Human Rights Council.  Its membership itself,  is shameful and reduces human rights to a point of non recognition.

We call on you, organizations and institutions to respond to ensure justice and rights of human rights defenders, like Irene are respected and promoted.

Please send letters of protest and concern:

Please organize campaigns, protests to express your expression for justice, peace and freedom and for the rights and dignity of detainees, migrants and human rights defenders.

Letters of support for Irene and Tenaganita are welcome.

Signed by:

Florida Sandanasamy
Director 

Shavita Erama
PA & Administrator
TENAGANITA SDN BHD
Penthouse, Wisma MLS
No. 31 Jalan Tuanku Abdul Rahman
50100 Kuala Lumpur
Malaysia

Tel: +603 2691 3691 / 2697 3671
Fax: +603 2691 3681
Email: tenaganita@yahoo.co.uk / ramvita70@yahoo.com
Website: www.tenaganita.net