|
|
|
|||||
|
[Home] [Timeline] [Quiz] [Women of History] [Women Helping Women] |
||||||
 |
||||||
|
Heroes |
||||||
|
|
IRENE FERNANDEZ
She has been on trial since 1996 for "maliciously publishing false news" in a report about conditions in immigration detention camps in Malaysia. Although currently free on bail, she faces a prison sentence of up to three years. If she is convicted and imprisoned, Amnesty International would consider her to be a prisoner of conscience. The organization believes she is being prosecuted solely on account of her peaceful activities as a human rights activist. Irene Fernandez was arrested in 1996 after Tenaganita published a report entitled "Abuse, torture and dehumanised treatment of migrant workers in detention camps". The report details allegations of ill-treatment, sexual abuse and denial of adequate medical care to migrant workers, held as alleged illegal immigrants in a number of detention camps throughout Malaysia. During 1994-5, in the course of a research project into health and the incidence of HIV/AIDS amongst migrants workers in detention camps, Tenaganita staff interviewed over 300 foreign nationals following their release. Most of the migrant workers interviewed were of Bangladeshi, Indonesian or Filipino nationality. Patterns of alleged ill-treatment, abuse and official corruption emerged. The allegations included reports of a series of deaths caused by malnutrition, beriberi and other treatable illnesses. In August 1995 Tenaganita issued its report and called on the authorities to open the detention camps for inspection and to set up an independent Commission of Inquiry to investigate the various allegations that had emerged. In September that year the Deputy Minister of Home Affairs stated that 42 deaths due to "natural causes" had occurred in the detention camps and announced the appointment of an independent Visitors' Panel to study conditions in the camps. The Panel's findings have never been made public. In the same month a senior Police Field Force officer filed a complaint of criminal defamation against Irene Fernandez, and she and other Tenaganita volunteers involved in the research were repeatedly called in for questioning at police headquarters. In addition, Irene Fernandez's lawyers were subjected to police questioning about witnesses related to the case, in violation of international standards of fair trial. Seven months after the publication of the report Irene Fernandez was arrested and charged under Section 8A(1) of the Printing Presses and Publications Act. This legislation makes it an offence to maliciously publish "false news". Malice was defined by whether or not the accused took "reasonable measures" to verify the truth of the news. Amnesty International remains concerned at threats by the authorities to use the Printing Presses and Publications Act to silence public discussion of other issues of legitimate concern. Since Irene Fernandez was charged, there are known to have been three other instances in which NGOs criticizing police conduct have been threatened with prosecution under Section 8A(1) of the Printing Presses and Publications Act. The trial of Irene Fernandez - the longest running in Malaysia's legal history - may continue for at least two more years. It has been debilitating in terms of the time, energy and resources required both from Irene and the human rights lawyers who defend her. Although free on bail, she must appear in court for every hearing and so far has had to make well over 150 court appearances. Not only has her health suffered, but the work entailed in attending and preparing for numerous court appearances has prevented Tenaganita from devoting time to the advocacy work they provide for migrant and other workers. (Thank you to Amnesty International for this information) |
|||||
|
|
||||||
Irene
Fernandez is a prominent Malaysian human rights activist, director and
co-founder of Tenaganita, a non-governmental organisation
campaigning for the rights of women and migrant workers. She is married
with three teenage children.