Case History: Lena Hendry

On 22 March 2017, Lena Hendry was sentenced to pay a fine of RM 10,000 (about €2,100) or spend a year in jail by the Magistrates’ Court in Kuala Lumpur for screening a documentary on the Sri Lankan civil war titled 'No Fire Zone: The Killing Fields of Sri Lanka' four years ago.

Lena Hendry is a human rights defender and the former Programme Coordinator for Pusat KOMAS, a human rights organisation established in 1993 in Malaysia. This organisation works to empower indigenous peoples, poor people in urban areas, workers, and civil society organisations through the use of popular media.

On 22 March 2017, the Magistrate’s Court in Kuala Lumpur sentenced Lena Hendry to a fine of MYR 10,000 or one year in prison for screening 'No Fire Zone: The Killing Fields of Sri Lanka' in 2013. On 21 February 2017, following a successful appeal by the Prosecutor against her acquittal in 2015, Lena Hendry was found guilty  of screening the documentary under Section 6 of the Film Censorship Act 2002.  She faced up to three years imprisonment and/or a fine not exceeding RM 30,000 (approximately €6,600). The fine of RM 10,000 was the maximum amount that could be set by the Magistrates’ Court.

Front Line Defenders condemns the Magistrate’s Court’s decision to sentence Lena Hendry, as it believes it is solely related to her peaceful and legitimate work reporting human rights abuses in Malaysia.

On 21 September 2016, the High Court in Kuala Lumpur reversed the acquittal of human rights defender Ms Lena Hendry for charges under the Film Censorship Act 2002, related to her screening of a film on human rights violations in Sri Lanka.

Lena Hendry is a Programme Coordinator for Pusat KOMAS, a human rights organisation established in 1993 in Malaysia, which works to empower indigenous peoples, urban poor, workers, and civil society organisations through the use of popular media.

On 21 September 2016, the High Court in Kuala Lumpur permitted the prosecution to appeal the acquittal of Lena Hendry’s case,  and subsequently ruled that the acquittal be reversed. On 10 March 2016, the Magistrates' Court of Kuala Lumpur acquitted the human rights defender of charges under Section 6 of the Film Censorship Act 2002, for screening a film on human rights violations in Sri Lanka. Lena Hendry faces up to three years imprisonment, and/or a fine of up to RM 30,000 (€6,600). She plans to appeal the decision.

On 19 September 2013, the human rights defender was charged under Section 6 of the Film Censorship Act 2002, for organising a film screening  of “No Fire Zone: The Killing Fields of Sri Lanka” at Selangor Chinese Assembly Hall on 3 July 2013 without approval from the Film Censorship Board. The documentary details alleged human rights violations committed by the Sri Lankan military during the 2009 civil war. Lena Hendry became the first human rights defender to be charged under the law, which criminalises the act of possessing or exhibiting films not approved by the Film Censorship Board of Malaysia.

Front Line Defenders condemns the decision to reverse of Lena Hendry’s acquittal, as it believes that the charges brought against the human rights defender are directly linked to her legitimate and peaceful work in the defence of human rights, in particular  publicising human rights violations in Sri Lanka. Front Line Defenders urges the Malaysian government to repeal provisions of the Film Censorship Act 2002 that allow unnecessary and arbitrary government interference in the screening of films in Malaysia.   

On 10 December 2015, international human rights organisations issued a joint letter, urging the Malaysian authorities to drop the charges against human rights defender Lena Hendry.

This is the full text of the joint letter, addressed to Prime Minister Najib and to the Attorney General:

"We write to you as organizations that are deeply concerned by the decision of the Malaysian authorities to prosecute Lena Hendry for her involvement in the screening of the award-winning human rights documentary, “No Fire Zone: The Killing Fields of Sri Lanka,” in Kuala Lumpur on July 9, 2013. The charges against her violate Malaysia’s obligations to respect the rights to freedom of opinion and expression, notably to receive and impart information. We respectfully urge your government to drop the charges against Hendry. Her trial in Magistrate Court 6 in Kuala Lumpur is slated to begin on December 14, 2015.

As you know, Hendry is being charged under section 6 of the Film Censorship Act 2002, which imposes a mandatory prior censorship or licensing scheme on all films before they can be screened at any event, except films sponsored by the federal government or any state government. If convicted, she faces up to three years in prison and a fine up to RM 30,000.

The prosecution appears intended to restrict the activities of Hendry and members of the KOMAS, the human rights education and promotion organization with which she works, by hindering their efforts to provide information and share their perspectives on human rights issues.

International human rights law and standards, such as found in article 19 of the Universal Declaration of Human Rights, states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”

Malaysia has committed to ensuring that all human rights defenders are able to carry out their activities without any hindrance or fear of reprisals from the government. In November, Malaysia voted in favor of a resolution on “Recognizing the role of human rights defenders and the need for their protection” in the 3rd Committee of the United Nations General Assembly. The resolution set out the urgent need for governments to protect human rights defenders worldwide. Article 1 of the UN Declaration on Human Rights Defenders, adopted unanimously by the UN General Assembly on December 9, 1998, states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.” Article 12(2) provides that the government shall “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of his or her rights.”

In addition to dropping the charges against Hendry, we also urge your government to repeal provisions of the Film Censorship Act 2002 that allow unnecessary and arbitrary government interference in the showing of films in Malaysia. This policy denies Malaysians the opportunity to benefit from a range of viewpoints on issues of importance to Malaysian society and that affect Malaysia’s role in the world.

On 14 December 2015, human rights defender Ms Lena Hendry is due to appear at Magistrate Court in Kuala Lumpur.

She is charged under the Film Censorship Act 2002 for screening a documentary exposing human rights violations committed by the Sri Lankan military during the 2009 civil war.

Lena Hendry is a Programme Coordinator for Pusat KOMAS, a human rights organisation which works to empower indigenous peoples, urban poor, workers, and civil society organisations through the use of popular media.

Lena Hendry is charged under Section 6 (1) (b) of the Film Censorship Act 2002 for showing a documentary entitled “No Fire Zone: The Killing Fields of Sri Lanka”, which is an investigatory documentary about the final weeks of the Sri Lankan civil war in 2009. The film reports how thousands of Tamil people were killed by the Sri Lankan military. In the documentary, the Sri Lankan authorities deny the allegations. If Lena Hendry is found guilty, she could face a fine of between RM5,000 and RM30,000 (approximately €1,170 to €7,020) and/or a maximum of three years in prison.

Lena Hendry's defence team filed two applications to both the High Court and the Federal Court to strike out the case on the basis that it is unconstitutional and in violation of freedom of expression. However, both appeals were dismissed and the case was transferred back to Magistrate court for trial. Court hearings will take place on 14-15 December 2015 and on 6-8 January 2016.

Recently the Government of Malaysia voted in favour for the United Nations General Assembly resolution on the protection of human rights defenders. Front Line Defenders calls on the authorities of Malaysia to demonstrate its commitment to the protection of human rights defenders by halting the proceedings against Lena Hendry, as they are solely motivated by her legitimate and peaceful human rights work, namely raising awareness of the atrocities committed during the civil war in Sri Lanka.

On 7 November 2013, human rights defender Lena Hendry is due to appear at Majistret Court 6, Duta High Court Complex in Kuala Lumpur. She is charged under the Film Censorship Act 2002 for screening a documentary exposing human rights violations committed by the Sri Lankan military during the 2009 civil war.

Lena Hendry is charged under Section 6 (1) (b) of the Film Censorship Act 2002 for showing a documentary entitled “No Fire Zone: The Killing Fields of Sri Lanka”, which is an investigatory documentary reporting how thousands of Tamil people were killed by the Sri Lankan military. The Sri Lankan authorities deny these allegations.

If the human rights defender is found guilty, she could face a fine of between RM5,000 and RM30,000 (approximately €1,170 to €7,020) and/or a maximum of three years in prison.

Lena Hendry last appeared in court on 21 October 2013 when documents including the charge sheet, the police report, the layout of the venue where the documentary was shown, and a copy of the film in DVD format were provided to the court.