Case History: Haris Ibrahim
On 14 April 2016, human rights defender Mr Haris Ibrahim was sentenced to eight months imprisonment by the Kuala Lumpur Sessions Court for allegedly giving a seditious speech in 2013.
Haris Ibrahim is a lawyer and a member of the steering committee of the Negara-ku People’s Movement, a movement initiated by a coalition of sixty-eight non-governmental organisations. In the face of growing political extremism in Malaysia, the movement aims to counter misinformation and promote an all inclusive society free of discrimination.
On 14 April 2016, human rights defender Mr Haris Ibrahim was sentenced to eight months imprisonment by the Kuala Lumpur Sessions Court for allegedly giving a seditious speech in 2013.
The Kuala Lumpur Sessions Court found Haris Ibrahim guilty of making seditious statements during a gathering at the Kuala Lumpur and Selangor Chinese Assembly Hall in 2013. According to the Court, the comments of the human rights defender were aimed at influencing Malaysians to oust the government through unlawful means. Haris Ibrahim was convicted under Section 4(1)(b) of the Sedition Act 1948 and sentenced to eight months imprisonment.
Although there was an option to issue a fine over an imprisonment sentence, the Court refused to opt for the fine. According to the defence, the Court disregarded the poor health of the human rights defender as well as the fact that it was his first criminal offence. In 2015, the Sedition Act was amended to provide for mandatory imprisonment over a fine, however the amendments entered into force after Haris Ibrahim had been charged on 29 May 2013. The human rights defender was subsequently released on bail, for the sum of €2300, pending appeal to the High Court.
On 13 May 2013, Haris Ibrahim made a speech during a gathering at the Kuala Lumpur and Selangor Chinese Assembly Hall, expressing discontent at how the new government had been formed. In his speech the human rights defender referred to the 2013 election, when the Barisan Nasional political party retained federal power, despite losing the popular vote, by gaining the majority number of seats in the Parliament. Haris Ibrahim does not regret giving the speech, stating that he simply expressed the public's discontent with the outcome of the election.
The Sedition Act 1948, inherited from the British colonial government, is regarded by many human rights defenders in Malaysia as an affront to human rights, freedom of expression, freedom of opinion and the rights of citizens in a democratic state. The government of Malaysia previously made promises to repeal the law, but instead in 2015 it passed amendments to the Act, which lowered the burden of proof for prosecution, allowed control over online media content and imposed a mandatory jail term for the crime of sedition.
Front Line Defenders is concerned about the sentencing of Haris Ibrahim, which it believes is linked to his legitimate and peaceful role in the Negara-ku People’s Movement.
Front Line Defenders urges the authorities in Malaysia to:
1. Immediately and unconditionally quash the conviction of Haris Ibrahim, as Front Line Defenders believes that he has been convicted solely as a result of his legitimate and peaceful role in the Negara-ku People’s Movemen;
2. Guarantee in all circumstances that all human rights defenders in Malaysia are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 7 July 2011, fifteen prominent human rights defenders were placed under a restriction order barring them from entering, remaining in, or passing through Kuala Lumpur, in advance of planned demonstrations. Those named face being arrested on the spot if they are found in the capital.
The fifteen human rights defenders are:
Ms Datuk Ambiga Sreenevasan, Chairperson, Coalition for Clean and Fair Election (Bersih)
Ms Maria Chin Abdullah, President, Empower
Mr Yap Swee Seng, Executive Director, Asian Forum for Human Rights and Development (FORUM-ASIA)
Mr Ong Boon Keong, environmental activist and human rights defender
Ms Enalini A/P Elumalai, Programme Manager, Suara Rakyat Malaysia (Suaram),
Mr Zaid bin Kamuruddin, Steering Committee member of the Coalition for Clean and Fair Election (Bersih)
Mr Syed Shahir, Former President and member, Malaysian Trade Union Congress (MTUC)
Mr Wong Chin Huat, political scientist and member of Coalition for Free and Fair Election (Bersih)
Mr Syed Ibrahim, member, Malaysians for Free and Fair Elections (MANFREL)
Mr Haris Ibrahim, Steering Committee member of the Coalition for Clean and Fair Election (Bersih)
Ms Fadiah Nadwa, Coordinator, Lawyers for Liberty and Secretariat member, Suara Rakyat Malaysia (SUARAM)
Mr Kohila A/P Yanasekaran, Network of Oppressed Peoples (JERIT)
Mr Muhammad Hilman Idham, Malaysian Students Solidarity (SMM)
Mr Mohd Shukri Che Ab Razab, President, Malaysian Students Solidarity (SMM)
Mr Arutchelvan A/L Subramaniam, Director, Suara Rakyat Malaysia (Suaram)
On 7 July 2011, the Magistrate's Court released an order barring a total of 91 individuals, of which 15 are human rights defenders, from remaining in, or entering Kuala Lumpur. The other individuals are all members of political parties. The ban, according to Section 98 of the Criminal Procedure Code, can be effective for a maximum of seven days.
The restriction order states that the Magistrate may “direct any person to abstain from a certain act […] if the Magistrate considers that the direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons lawfully employed , or danger to human life, health or safety, or a riot or any affray”. Most of the human rights defenders are affiliated with the Coalition for Clean and Fair Election (Bersih), which is a coalition of 62 independent and non-partisan civil society organisations who are planning to hold a “Walk for Democracy” demonstration on 9 July 2011, calling for the Government to hold free and fair elections and for all public institutions to act independently, uphold laws and protect human rights. The Malaysian government has deemed the demonstration to be illegal.
The spokesperson of the Malaysian police said that further to being prohibited from entering, as well as remaining in Kuala Lumpur, the aforementioned human rights defenders are also barred from passing through the city between the hours of 8am and 6pm, whether on foot or in private or public transportation. If they breach the order, they can be jailed for up to six months, fined up to RM2,000 (€ 468), or both, upon conviction.
The imposition of this order forms part of an ongoing campaign of intimidation and harassment against Malaysian human rights defenders leading up to the aforementioned demonstration. On 30 June 2011, seven human rights defenders working at the Bersih secretariat were briefly arrested after their office was raided by Malaysian police. Laptops, desktop computers and equipment related to the planned demonstration were confiscated.
Front Line believes that the intimidation and harassment of the aforementioned human rights defenders is directly related to their peaceful and legitimate human rights activities, and particularly their involvement in organising the upcoming demonstration on 9 July 2011.
Front Line believes that members of the Suara Rakyat Malaysia (Suaram) and Asian Forum for Human Rights and Development (FORUM-ASIA) may have been specifically targeted as a result of the publication of statements calling for the authorities to refrain from arresting and detaining persons associated with Bersih in the past few weeks.
