Identifier
Created
Classification
Origin
08KUALALUMPUR1049
2008-11-28 09:45:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kuala Lumpur
Cable title:  

HUMAN RIGHTS ACTIVIST IRENE FERNANDEZ ACQUITTED

Tags:  PHUM PGOV KTIP MY 
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VZCZCXRO1391
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #1049 3330945
ZNR UUUUU ZZH
P 280945Z NOV 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 2036
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
UNCLAS KUALA LUMPUR 001049 

SENSITIVE
SIPDIS

FOR EAP/MTS AND DRL

E.O. 12958: N/A
TAGS: PHUM PGOV KTIP MY
SUBJECT: HUMAN RIGHTS ACTIVIST IRENE FERNANDEZ ACQUITTED

UNCLAS KUALA LUMPUR 001049

SENSITIVE
SIPDIS

FOR EAP/MTS AND DRL

E.O. 12958: N/A
TAGS: PHUM PGOV KTIP MY
SUBJECT: HUMAN RIGHTS ACTIVIST IRENE FERNANDEZ ACQUITTED


1. (U) Summary and Comment: The Kuala Lumpur High Court on
November 24 acquitted human rights activist Irene Fernandez
of her 2003 conviction of "maliciously publishing false news"
against the government, thus bringing to a close Malaysia'
longest running court case. The government originally
brought charges against Fernandez in 1996 for her article
that described alleged government abuses of migrant workers
in detention camps.


2. (SBU) Comment: The acquittal of Fernandez is a welcome
development for Malaysia's relatively underdeveloped NGO
community. Fernandez is one of Malaysia's most prominent
human rights activists. In recent years Fernandez and her
NGO, Tenaganita, have been key USG partners in combating
trafficking in persons. Her acquittal might make it easier
for authorities and Tenaganita to work more closely in areas
of victim protection and services. In addition to her human
rights work, Fernandez is a senior figure within Anwar
Ibrahim's PKR party. End Summary and Comment.


3. (U) The Kuala Lumpur High Court on November 24 acquitted
human rights activist and Opposition PKR Supreme Council
member Irene Fernandez of the charge of publishing "false
news" on the mistreatment and abuse of migrant workers in
Malaysia. High Court Judge Mohamad Apandi acquitted
Fernandez on grounds that "the court records are
incomprehensible due to systemic error." (Note: The trial
generated nearly 9,000 pages of typed and handwritten notes,
some of which were lost or unreadable. End Note.) Justice
Mohamad Apandi Ali announced the acquittal after the
prosecution unexpectedly informed him they would no longer
oppose Fernandez's appeal. The acquittal ends 12 years of
court hearings, making Fernandez's case the country's longest
trial in history. The case against Fernandez centered around
her August 1995 published memorandum entitled "Abuse,
Torture, and Dehumanized Condition of Migrant Workers in
Detention Centers." In 1996, authorities charged Fernandez
with "maliciously publishing false news" against the
government. The High Court found Fernandez guilty in 2003,
following a seven-year trial, and sentenced her to one year
in prison. The court released her on bail pending appeal
until her acquittal this week.


4. (SBU) Fernandez's sister, Aegile, told us the final
verdict came unexpectedly. Aegile believes Fernandez's
acquittal was influenced by local and international human
rights NGOs, who have been vocal in Fernandez's defense.
Aegile did voice her concern over the possibility of a new
trial, although she believes this highly unlikely.


5. (SBU) Fernandez told Embassy political assistant on
November 25 that she was happy with the acquittal and was all
along confident "justice would prevail." She also told us
she planned to continue working on migrant worker,
trafficking in persons, and refugee issues. Siva
Subramaniam, a National Human Rights Commission of Malaysia
(SUHAKAM) Commissioner, described the acquittal as an
indication of judicial independence in Malaysia. Yap Swee
Seng, executive coordinator of local the human rights NGO
SUARAM, stated the government must do much more than release
Fernandez in order to demonstrate judicial independence.
According to Migration Working Group coordinator Alice Nah,
the government should address the issues raised by Fernandez
on the poor treatment of migrant workers in detention
centers. Lim Guan Eng, Penang chief minister and Democratic
Action Party secretary-general described the acquittal as
vindication in Fernandez's battle against the "injustices
perpetrated against migrant workers and the political
persecution to stifle voices of dissent." We have seen no
GOM comments thus far on the acquittal.

KEITH