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Legal charges threat to freedom of expression: HRW

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14 years ago

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From Human Rights watch.

British author’s critique of death penalty leads to arrest

(New York, July 28, 2010) – Singapore officials should cease using criminal defamation and contempt laws to silence government critics, Human Rights Watch said today. The arrest of Alan Shadrake, the 75-year-old British author of Once A Jolly Hangman: Singapore Justice in the Dock, a critical review of Singapore’s death penalty law and its administration, further narrows the space for reporting and analysis of issues the government prefers to keep under tight control, Human Rights Watch said.

On July 16, 2010, the day before the book launch, the Media Development Authority, responsible for regulation of Singapore’s media and publishing industry, filed a police complaint against Shadrake for criminal defamation and contempt of court. The defamation charge is still under investigation. On the same day, Singapore’s attorney general submitted an affidavit saying that Shadrake should be “committed to prison or receive such other punishment … for his contempt of court … for bringing into existence, publication and distribution of the Book which contains passages that scandalize the Singapore Judiciary.” Supporting documents add that passages “undermine the authority of the Singapore courts and public confidence in the administration of justice…” If convicted, Shadrake faces a potential two-year sentence and fines.

“Free speech is an endangered species in Singapore,” said Phil Robertson, deputy Asia director at Human Rights Watch. “It’s sadly predictable that the government did not hesitate to threaten prosecution, fines, and imprisonment against an author whose views run contrary to its own.”

Authorities arrested Shadrake, a death penalty opponent, on July 18, seized his passport, and released him on bail the following day. The court hearing on the contempt charge is set for July 30, but in the interim the 75-year-old author has been subjected to several days of police interrogation without benefit of counsel. Shadrake stated that the lengthy interrogation sessions left him exhausted, and his lawyer reported that he had been placed on a heart monitor.

Once a Jolly Hangman is based on interviews with a longtime executioner at Changi Prison who has now retired and with dozens of lawyers and death penalty opponents. Shadrake also reviewed years of court case files. He is outspoken in his suggestion that Singapore death penalty sentencing decisions are not always made through impartial and independent examination of the alleged crimes.

Human Rights Watch considers criminal penalties for defamation to be disproportionate and unduly harmful to freedom of expression. Many states have abandoned such laws, recognizing that civil defamation is generally adequate to protect the reputation of others.

Scandalizing the court, the contempt charge applied in Shadrake’s case, is a relic of British colonial law no longer in use in the UK or in other commonwealth countries such as Brunei, Hong Kong, New Zealand, and Canada, but retained in Singapore. And although Singapore’s constitution protects free expression, it also specifically protects against contempt of court.

Another well known case was that of the academic Christopher Lingle and the International Herald Tribune, who were fined for contempt when Singapore’s High Court deemed that a reference in an October 7, 1994 op-ed article to “intolerant regimes” and a “compliant judiciary” could only refer to Singapore. In the 2009 case of Attorney-General v. Hertzberg, the High Court rejected the proposition that contempt had to pose a “real risk” to the administration of justice and affirmed that conviction could be based merely on the “inherent tendency” of words to suggest bias, impropriety, or other judicial wrongdoing.

“All the government’s action will do is jail yet another author, while ensuring that Shadrake’s book will be a best seller outside Singapore, most likely in Southeast Asia’s airport bookstores” Robertson said.

Although media reports state the book is not banned in Singapore, it is apparently hard to purchase because the government has advised bookstores not to stock it.

The death penalty is a touchy issue for Singapore officials, who rigorously defend the state’s mandatory death penalty for murder, treason, and some 20 drug-related offenses. The latest high-profile case on Singapore’s death row involves a Malaysian, Yong Vui Kong, due to be executed in August for a drug-related offense committed when he was 19. Singapore refuses to make public statistics on executions in the city-state, but is believed to have one of the highest per capita execution rates in the world. Human Rights Watch opposes capital punishment in all circumstances because of its cruel, inhumane, and irreversible nature.

Singapore’s drug law, which carries a mandatory death penalty for some offenses, also fails to meet international human rights standards, Human Rights Watch said. The mandatory nature of this penalty effectively obstructs judges from considering the circumstances of a case or handing down lighter sentences. The United Nations special rapporteur on extrajudicial, summary or arbitrary executions has stated that the death penalty should under no circumstances be mandatory by law, regardless of the charges involved.

“If the government is truly concerned with protecting its reputation, it could do better than to jail authors and execute drug offenders,” Robertson said. “Abandoning criminal punishment for defamation and prosecutions for criticizing the judiciary would be a good start.”

For more Human Rights Watch reporting on Singapore, please visit:
http://www.hrw.org/en/asia/singapore

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Indonesia

Miss Universe cuts ties with Indonesia chapter after harassment allegations

The Miss Universe Organization severs ties with Indonesia franchise due to harassment claims. Malaysia edition canceled.

Women allege body checks before pageant. Investigation launched. Safety prioritized.

Indonesia winner to compete in November finale. Height requirement controversy.

Published

1 year ago

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14 August 2023

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WASHINGTON, UNITED STATES — The Miss Universe Organization has cut ties with its Indonesia franchise, it announced days after allegations of sexual harassment, and will cancel an upcoming Malaysia edition.

In the complaint, more than a half dozen women said all 30 finalists for Miss Universe Indonesia were unexpectedly asked to strip for a supposed body check for scars and cellulite two days before the pageant’s crowning ceremony in Jakarta.

Their lawyer said Tuesday that five of the women had their pictures taken.

“In light of what we have learned took place at Miss Universe Indonesia, it has become clear that this franchise has not lived up to our brand standards, ethics, or expectations,” the US-based Miss Universe Organization posted Saturday night on social media site X, formerly known as Twitter.

It said that it had “decided to terminate the relationship with its current franchise in Indonesia, PT Capella Swastika Karya, and its National Director, Poppy Capella.”

It thanked the contestants for their bravery in coming forward and added that “providing a safe place for women” was the organization’s priority.

Jakarta police spokesman Trunoyudo Wisnu Andiko said Tuesday that an investigation into the women’s complaint has been launched.

The Indonesia franchise also holds the license for Miss Universe Malaysia, where there will no longer be a competition this year, according to the New York-based parent organizer.

In a lengthy statement posted to Instagram, Indonesia franchise director Capella denied involvement in any body checks.

“I, as the National Director and as the owner of the Miss Universe Indonesia license, was not involved at all and have never known, ordered, requested or allowed anyone who played a role and participated in the process of organizing Miss Universe Indonesia 2023 to commit violence or sexual harassment through body checking,” she wrote.

She added that she is against “any form of violence or sexual harassment.”

The Jakarta competition was held from 29 July to 3 August to choose Indonesia’s representative to the 2023 Miss Universe contest, and was won by Fabienne Nicole Groeneveld.

Miss Universe said it would make arrangements for her to compete in the finale, scheduled for November in El Salvador.

This year’s Indonesia pageant also came under fire for announcing a “significant change in this (year’s) competition guidelines” with the elimination of its minimum height requirement after it had crowned a winner.

In its statement, the Miss Universe Organization said it wanted to “make it extremely clear that there are no measurements such as height, weight, or body dimensions required to join a Miss Universe pageant worldwide.”

— AFP

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Malaysia

A Perodua service centre in Kuantan, Malaysia went viral for its strict dress code, Perodua responds

A dress code for vehicle servicing? A Malaysian car brand’s service centre dress code signage has puzzled netizens, raising queries about the need for attire rules during a routine service.

The manufacturer responded with an official statement after a flurry of comments, seeking to clarify and apologize.

Published

1 year ago

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10 August 2023

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MALAYSIA: A dress code signage positioned at a service centre belonging to a prominent Malaysian car brand has sparked bewilderment among Malaysian netizens, who question the necessity of adhering to attire guidelines for a simple vehicle servicing.

The signage explicitly delineates clothing items that are deemed unsuitable, including sleeveless tops, short skirts, abbreviated pants, and distressed jeans.

The car manufacturer swiftly found itself flooded with comments from both inquisitive and irked Malaysian netizens. This surge in online activity prompted the company to issue an official statement aimed at clarifying the situation and extending an apology.

In a post that gained significant traction on the social media platform, politician Quek Tai Seong of Pahang State, Malaysia, shared an image to Facebook on Monday (7 Aug).

The image showcased a dress code sign prominently displayed at a Perodua Service Centre in Kuantan. Within the post, Quek posed the question: “Is this dress code applicable nationwide, or is it specific to this branch?”

The signage reads, “All customers dealing with Perodua Service Kuantan 1, Semambu, are requested to dress modestly and appropriately.”

Adding visual clarity to these guidelines, the sign features illustrative graphics that explicitly outline clothing items deemed unacceptable, including sleeveless tops, short skirts, short pants, and ripped jeans.

Delineating the specifics of the dress code, the signage stipulates that male visitors are expected to don shirts accompanied by neckties, opt for long pants, and wear closed shoes.

Conversely, female visitors are advised to don long-sleeved shirts, full-length skirts, and closed-toe footwear.

Perodua’s dress code sparks online uproar

Following the rapid spread of the post, Perodua’s official Facebook page found itself inundated with comments from both intrigued and frustrated Malaysian netizens, all seeking clarifications about the newly surfaced dress code policy.

Amidst the flurry of comments, numerous incensed netizens posed pointed questions such as, “What is the rationale behind the introduction of such regulations by the management? We demand an explanation.”

Another netizen expressed their dissatisfaction, arguing against the necessity of the rule and urging Perodua to take inspiration from the practices of other 4S (Sales, Service, Spare Parts, and Survey) automotive dealerships.

A concerned Facebook user chimed in, advocating for a more lenient stance, asserting that attempting to dictate customers’ clothing choices might not be in the company’s best interest.

Someone also commented in an angry tone, “Oi what is this? Going there for car service, not interview or working, right.”

As the discourse unfolded, it became evident that while some inquiries carried genuine weight, others chose to inject humor into the situation, playfully remarking, “If I wanted to buy a Myvi, I should buy or rent a formal attire first.”

“I sell economy rice at a hawker centre, I have never worn a long sleeve shirt and a tie… I guess I will not buy a Perodua car then.”

“I guess they will not serve those who wear short pants.”

Perodua addresses dress code controversy

As reported by Chinese media outlet Sin Chew Daily News, the manager of Kuantan’s Perodua Service Centre had acknowledged that the images on the dress code signage were misleading.

In response, the manager divulged that discussions had transpired with the head office, leading to the prompt removal of the signage to prevent any further misconceptions.

The manager clarifies, “We do encourage visitors to adhere to the dress etiquette, but we won’t go to the extent of restricting their choice of attire.”

He also revealed that currently, no complaints have been directly received from the public.

However, feedback from certain customers was relayed through Perodua’s agents.

Perodua also released an official statement by chief operating officer JK Rozman Jaffar on Wednesday (9 Aug) regarding the dress code on their official Facebook page.

The statement stated the dress code etiquette is not aligned with their official guidelines and they are currently conducting an official investigation on the matter followed by corrective measures to avoid the same incident from happening.

Perodua also extends its apologies for any inconvenience caused.

 

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