IRENE Fernandez is a reputed human rights activist and the Director of Tenaganita. a Malaysian Human Rights Organization. She has been charged under section 8 A of the Printing Presses and Publication Act. 1984. The charge was framed on J 5 March 1996 and she was arrested on 18th March "96. The charge was later amended on 10th June 1996. Irene pleaded not guilty to the charges as she only published a substantial report based on facts collected through the interview of 340 migrants released from various detention centres which reflects nothing more than the fact, the truth.

The facts of the case against Irene Fernandez in short are: that she published a Memorandum titled "Abuse. Torture and Dehumanized treatment of Migrant workers at Detention Camps" which allegedly contains false news stated below:

1. "During the last year. Tenaganita has been able to interview and document 340 migrants released from various centres. From the 340 cases. 250 were from Semefiyih. 40 from ' Jupi 15 from Kelantan. 25 from Johore and 5 from Melaka."

2. "After being detained and on arrival at the camp, the migrants were tola to strip completely, parched and all monies, jewellery and any other valuables like wrist watches were taken away. Most of the migrants complained or stated that they did not receive any receipt of acknowledgment nor did they get their money and valuables back when they were re-

3. Many of the male migrants were also completely shaved bald".

4. There are seven blocks in the Semenyih Camp. U is estimated that each block can accommddate 400 migrants. However. there are only THREE toilets and ONE bathroom for 400 people. According to statements made, the migrants were allowed to bathe once in 4 days or at the whims and fancy of the Commandant. With only three toilets more often than not they were filled with faces, creating the most vulnerable environment for epidemic outbreaks."

5. "In one room, there is only one small ventilation hole. Since the camp is constructed from wood with Zinc roof, the heat is trapped during the day and becomes hot at night and therefore the migrants had sleepless nights. The migrants were given no change of clothes at all. One migrant remembered staying with the same T-shirt and shorts for more than a month."

- 6. "The migrants were given only TWO small glasses of water per day. If they ask for more water they were beaten up and/or they were punished and ftiade to stand in the sun for hours. Some of them tried to keep water in plastic bags in which breakfast is provided and when they were caught, they were also beaten and made to stand in the sun after doing a number of push ups Now breakfast is given in plastic bags with holes so that the bags could never become’water containers'.

7. For the main meals, (lunch and dinner) they got a handful of rice, with a little vegetable and a small piece of dried salt fish or piece of fish shared by more than 20 migrants. For breakfast. It was two small pieces of bread or biscuits with wa ter. Once In a way they got black coffee for breakfast"

8. The consequences of this form of food and diet has been very grave Due to lack ot water, the majority suffered from dehydration and malnutrition. Many suffered from beri beri severe gastritis and stomach ulcers: water retention giving rise to many parts of their body being bloated and suffered from oedema: sever bone-folnt pains, various types of skin problems and frequent diarrhoea.

9 According to the migrants, they did not get any medical attention even when they were sick, had high fever or diarrhoea or they had chicken pox The only time they were taken to Kajang Hospital was when they were dying or dead.”

10 Many of the migrants who told about tbeir horrifying experiences, stated that there are frequent deaths, some stating has high as 4 deaths per week at the Semenyih Camp alone Many have died from typhoid, diarrhoea and arising from the torture meted out on them

1 1 One worker was leaning against the window pane and talking to his fellow mate A police Warden came along, hit him hard Consequently, the migrant crashed against the window pane and two o( his lingers were gone. No medical treatment

was given and he bled to death."

"In another incident, a migrant worker tn his forties was unwell and running a fever. The police warden insisted he move around. However, the worker found it difficult and asked io be excused. He was kicked and then forced to do push ups. While trying to do the push ups he died."

"Some of the workers who stayed longer, stated that they had seen many of the inmates dead, quite often during their sleep. One worker had witnessed about 20 dying during his stay.”

"Last week, we contacted 3 morticians who handled bodies of migrants to be sent home. All 3 confirm that there has been an increase in the number of bodies sent back in the last three months, many of them being Bangladeshis."

12. Female Migrants Workers : "However.' water and sanitary napkins are sold to the women or given after providing sexual favours both to the police and Immigration officers."

"Sometimes, immigration or police officers come at night and make their pick of the female detainee who has to entertain them at night. Three months ago we heard that there was a Burmese woman who was detained. She has been a victim of sexual abuse of the officers incharge."

13. "Corruption is rife in the camp. Every individual on duty, right from the guard on duty to the commandant is on the take."

14. "Our investigations further reveal that 4-6 migrants get admitted for psychological problems per month to one institution. Hospital Bahagia in Perak from the Langkap Camp."

15. "It is very clear that the migrant worker is at no fault and brutally punished for no crime committed."

16. "We are seeing the emergence of concentration camps during peace times. In our midst we SLAVERY.

Advocate Ntzamul Huq Nasim of Ain O Salish Kendra of Bangladesh went to Kuala Lumpur on 3rd August 1996 to observe the trial of Irene Fernandez. He stayed there for one week and came back on the 10th August 1996. He observed the trial as an international observer on behalf of Ain-0-Salish Kendra on 5.6.7 and 9th August. The case is new fixed in September '96.

Regarding the case he (Mr. Nasim) has talked to the lawyers for Irene Fernandez, other lawyers and some Human Rights activists at Kualalampur. Their common position Is that the result of this case has serious implications for the "Freedom of . Expression in Malaysia". Although he has found that the laws in Malaysia on "Freedom of Expression" are restrictive. The persons he interviewed told him that they are working to promote "freedom of expression" in Malaysia. This case has been filed against Irene for publishing false news in the memorandum: however the information is based on authentic Interviews with many workers who were detained as well as others. This memorandum has been submitted before the proper authority to take steps to prevent violations of their rights as detainees the detention camps. Irene has not done it for her benefit but for the benefit of migrant workers and detainees in Malaysia.

Whether the report contains false statements or not and whether Irene has committed an offence under the Act charged with, will be decided by the court. But the Acts, laws, and trial procedures do not allow for a fair defence according to our stan dards in Bangladesh. The reasons can be summarised as follows:

I The statement of accused to the police is admissible in Malaysian Law but it is not admissible in Bangladesh Law

2. The defence is entitled to get the copies of witnesses statements to police before start of the trial in Bangladesh but they are not entitled in Malaysia.

3. Printing Press and Publication Act in Malaysia states that on the point of maliciously published malice shall be pre sumed in default of evidence showing that prior to publication, the accused took reasonable measures Io verify the truth of the news, but in Bangladesh, no verification is required before publishing.

There are other differences also

TTie case of Irene Fernandez is of immense importance and will have crucial effect on the freedom of expression in Malaysia Human Rights Organizations activists and the pub lie at large are demanding her unconditional release We do the srurw Let us hope for the best.

law Review Media Cell