KUALA LUMPUR, Malaysia – Irene Fernandez, the director of the human rights group Tenaganita, a prominent labor activist, was acquitted by a Malaysian court on Monday. “I’m so happy that finally truth and justice prevailed,” Fernandez told The Associated Press. “I should never have been charged in the first place.”
Irene Fernandez was arrested in 1996 for claiming that police tortured illegal immigrants in detention, but remained free on bail while fighting her case. She was convicted and sentenced to one year in 2003 but appealed. Fernandez’s 1995 report was compiled from interviews with more than 300 former detainees. The report alleged that illegal immigrants died in Malaysian camps from malnutrition and torture. The government confirmed 98 detainees had died, but said they succumbed to diseases contracted in their homelands.
Irene Fernandez was convicted, and sentenced one year in prison in 2003, but she appealed.
Prosecutor Shamsul Sulaiman said the prosecution decided not to oppose the appeal because typed records from earlier court proceedings contained “systemic errors.” The errors occurred when a court official typed up the judge’s handwritten notes, Shamsul said.
The appeal process, which did not start until April 1, 2008, has seen a series of postponements. The hearing was postponed until May 12 when it was discovered that 1,700 pages of the record, including witness statements, were missing. The case was again postponed on August 5 when it was discovered a computer virus had wiped out some newly typed notes. In October, Fernandez’s defense lawyer said that he had received almost 9,000 pages of handwritten and typed notes, but that portions were “incomprehensible.”
“Irene Fernandez and her organization documented the government’s sadistic and humiliating treatment of migrants,” said Brad Adams, Asia director at Human Rights Watch. “Human Rights Watch has also documented such treatment.”
For more information, please see:
Amnesty International – Malaysian activist acquitted after 12 years of legal battles – 24 November 2008
AP – Malaysia labor activist acquitted after long fight – 24 November 2008
HRW – Malaysia: Drop Case Against Labor Activist – 21 November 2008
Recuters – Malaysia court acquits activist after marathon case – 24 November 2008
