Case History: Eric Paulsen
On 5 February 2015, human rights lawyer Mr Eric Paulsen was charged before the Kuala Lumpur Sessions Court with sedition. The charges stem from a tweet posted by the human rights defender on 9 January 2015 that accused the Malaysian Islamic Development Department (Jakim), the main federal agency managing Islamic affairs, of promoting extremism in its Friday sermons.
Eric Paulsen is a co-founder of Lawyers for Liberty (LFL), a Malaysian human rights organisation that seeks to challenge unconstitutional and arbitrary decisions and acts perpetrated by the Malaysian government, its agencies and other public authorities. In order to achieve legal reform, it employs public campaigning, strategic litigation, lobbying, policy research and analysis, and human rights education.
On 23 March 2015, human rights lawyer Ms Michelle Yesudas was detained and released the same day, after the Inspector-General of Police made a threat via Twitter to summon her for questioning. The day before, her colleague, human rights lawyer Mr Eric Paulsen, was detained after receiving similar threats from the Inspector-General of Police. A court magistrate ordered Eric Paulsen's release on 23 March 2015, refusing the police's request to extend his detention by four days.
The detention of Michelle Yesudas followed an exchange between the the human rights lawyer and the Inspector-General of Police regarding comments tweeted by Michelle Yesudas on 20 March 2015 concerning threats of rape made against a television presenter. The presenter had reported on a bill introduced by the Pan-Malaysian Islamic Party (PAS) to expand the application of Islamic law in the state of Kelantan. The human rights lawyer had criticised the tweets made by the Inspector-General of Police regarding her own comments, defending her statements and calling on the Inspector-General of Police to investigate the threats of rape rather than her tweets.
On 22 March 2015, Eric Paulsen was detained at Dataran Merdeka underground station at approximately 4:50 pm on 22 March 2015, and taken for questioning in relation to accusations of sedition due to statements he had made on Twitter the same day. The human rights lawyer had made critical comments regarding the proposed legislation in Kelantan. The arrest came after the Inspector-General of Police had reportedly declared that the human rights defender should “watch his mouth” and refrain from commenting on religious matters. The Inspector-General also made a comment on Twitter stating that the police would review Eric Paulsen's tweets and take action.
Previously, on 5 February 2015, Eric Paulsen was charged with sedition. The accusations stemmed from a tweet posted by the human rights defender on 9 January 2015, accusing the Malaysian Islamic Development Department (Jakim), the main federal agency managing Islamic affairs, of promoting extremism in its Friday sermons.
On 5 February 2015, human rights lawyer Mr Eric Paulsen was charged before the Kuala Lumpur Sessions Court with sedition. The charges stem from a tweet posted by the human rights defender on 9 January 2015 that accused the Malaysian Islamic Development Department (Jakim), the main federal agency managing Islamic affairs, of promoting extremism in its Friday sermons.
Eric Paulsen is a co-founder of Lawyers for Liberty (LFL), a Malaysian human rights organisation that seeks to challenge unconstitutional and arbitrary decisions and acts perpetrated by the Malaysian government, its agencies and other public authorities. In order to achieve legal reform, it employs public campaigning, strategic litigation, lobbying, policy research and analysis, and human rights education.
Eric Paulsen pleaded not guilty and posted bail of 2,000 Malaysian Ringgit (approximately €490). If found guilty, the human rights defender faces a maximum sentence of three years' imprisonment and a 5,000 Malaysian Ringgit fine (approximately €1230). The next hearing will be held on 27 April 2015.
On 12 January 2015, the human rights defender was arrested in Kuala Lumpur by approximately 20 police officers. The police then searched the LFL offices and confiscated Eric Paulsen's computer and phone. The human rights defender was released at around 4:00 pm two days later. The tweet in question was deleted after his arrest and his confiscated belongings have not been returned.
Eric Paulsen is being charged under the Sedition Act, which the Malaysian authorities have reportedly used to restrict enjoyment of the right to freedom of expression and impose a culture of self-censorship. According to sources, the law criminalises any act with a “seditious tendency”, including to “excite disaffection” or to “bring into hatred or contempt” towards the government. It does not require the prosecution to prove intent, and provides up to three years imprisonment for those found guilty. The United Nations Office of the High Commissioner for Human Rights has criticised the statute, reporting that, since August 2014, at least twenty three people have been charged or placed under investigation for violating the law.
