Civil Society
RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown
Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.
Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).
The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.
The journalist has faced legal challenges ever since, including both civil and criminal cases.
Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.
The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.
Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.
The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.
The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.
Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.
Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”
In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.
RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.
Civil Society
TWC2 launches fundraising initiative for at-risk migrant workers
Transient Workers Count Too (TWC2) has launched a fundraising campaign to assist those facing challenges such as work injuries, wrongful termination or financial hardship due to underpayment disputes. The campaign, hosted on Give.asia, aims to raise S$36,000 to provide crucial support during these workers’ most difficult times.
SINGAPORE: Transient Workers Count Too (TWC2), an advocacy group for migrant workers, has launched a fundraising campaign to support those facing difficulties, including work injuries, termination for requesting rightful salaries, or financial hardship due to disputes over underpayment.
The campaign, hosted on the Give.asia platform, aims to raise S$36,000 to provide a lifeline for these workers during their darkest hours.
The group stated that the funds will offer support to low-wage migrant workers in distress through various means, including meal assistance, phone top-ups, travel allowances, emergency shelter, and more.
TWC2 highlighted five types of workers in distress. For example, one cook was forced to perform unpaid work late into the night and was coerced into signing blank payslips.
He received less than half of his official salary, with his employer creating false timecards and payslips.
TWC2 specified the resources needed to assist migrant workers facing financial challenges over six months, including S$1,322 per month for an online helpdesk, S$876 for meal support, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend Ministry of Manpower (MOM) appointments.
Worker Left Vulnerable After Company Closure: Loss of Housing and Belongings Leads to Months of Hardship
Another worker is struggling after his company closed down, leaving him without coverage for his injury.
Furthermore, his employer allegedly failed to pay his housing rent, resulting in the worker losing all his belongings, including his passport, cash, and clothes. He was left to beg and borrow clothes for nearly a month.
TWC2 stated that the funds will help him replace his passport, which costs around S$200, as well as cover S$2,228 for his monthly rent at the TWC2 shelter, S$480 for EZ-Link credit for travel to hospital appointments, and S$240 for phone top-ups.
The third case involves a migrant worker who was denied necessary surgery after suffering a finger injury from heavy machinery. Instead of being taken to the hospital immediately, he was brought to a small clinic, leading to an infection in his open fracture.
He was also pressured to return to his home country for treatment. Urgent surgery was delayed for 33 days because his employer withheld the necessary documents.
TWC2 is appealing for S$1,322 per month for online helpdesk support for this worker, S$1,898 for meal support, S$240 for phone top-ups, and S$480 for EZ-Link credit for travel to hospital appointments.
The fourth case involves a worker who was underpaid for overtime and rest day work.
He was fired after discussing information related to the Employment Act with his colleagues. His employer later contacted a potential future employer to disparage him.
This worker will require S$1,073 monthly to fund online information campaigns, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.
The fifth case concerns a worker who injured his back while lifting 50kg of cement. Although he was granted 300 days of medical leave, his employer did not report the incident to MOM, and the insurance company took over a year to investigate and accept his claim. The doctor instructed him to avoid catered food for health reasons.
TWC2 is seeking S$160 monthly for his groceries, S$120 for phone top-ups, and S$80 for EZ-Link credit to attend MOM appointments.
Part of this annual fundraising campaign commemorates International Migrants Day in December, which includes a luncheon, “Lunch With Heart,” for migrant workers to thank them for their contributions to Singapore.
TWC2 Highlights Ongoing Exploitation: Employers Bypass Laws to Undermine Workers’ Earnings
TWC2 noted that, according to Singapore’s Employment Act (Section 96), all workers should receive payslips detailing how their salaries are calculated and paid.
However, some employers still find ways to circumvent these laws, cheating workers out of their already low salaries. In 2023 alone, salary disputes rose by 55% according to MOM’s Employment Standards Report.
TWC2 emphasized that migrant workers who experience workplace accidents can be denied treatment by unscrupulous employers, despite being covered under the Work Injury Compensation Act. Even with medical insurance, they often lack access to it and may be sent back home with untreated injuries. The recovery process can be long and isolating, contributing to significant stress and mental health challenges for injured workers.
For these workers, a significant source of daily stress is financial insecurity.
“They are constantly thinking about providing for their family back home, ensuring loans are paid and sick family members have money for medical treatment. Essentially they are like us in every way.”
TWC2 highlighted that workers often take on overtime and forgo days off, even on public holidays, to earn higher wages. They should not be deprived of the wages they have rightfully earned or left with untreated injuries.
“We are appealing to you to offer a helping hand to these filial sons, devoted husbands, responsible mothers and dedicated workers, in their hour of dire need. ”
“We sincerely hope you can chip in so that these workers can have a lifeline in their darkest hours.”
Civil Society
Anti-death penalty network issued POFMA order for posts on Singapore’s death penalty
The Anti-Death Penalty Asia Network (Adpan) has been issued a correction order under Singapore’s Protection from Online Falsehoods and Manipulation Act (POFMA) for alleged false statements in its social media posts. The posts, which criticised Singapore’s legal processes for death row prisoners, were published just before the execution of drug trafficking convict Mohammad Azwan Bohari.
SINGAPORE: The Anti-Death Penalty Asia Network (ADPAN), an organisation advocating for the abolition of the death penalty across the Asia-Pacific region, has been served with a correction order by the Singapore government under the Protection from Online Falsehoods and Manipulation Act (POFMA).
The order, initiated by Minister for Home Affairs and Law K Shanmugam, was directed to the POFMA office in response to alleged false claims made by ADPAN in social media posts on 3 October 2024.
These posts pertained to Singapore’s legal processes for death row prisoners and the treatment of activists opposing the death penalty.
The posts, shared across Facebook, Instagram, and LinkedIn, were released just before the scheduled execution of Mohammad Azwan Bohari, a drug trafficking convict who had been sentenced to death for possessing over 26.5 grammes of pure heroin.
ADPAN’s posts claimed that Azwan had been subjected to an unjust burden of proof and described the sentencing system in Singapore as arbitrary.
Additionally, the posts accused the Ministry of Home Affairs (MHA) of ignoring legal proceedings in its push to carry out executions and alleged that authorities were harassing Singapore-based anti-death penalty activists.
In its statement on 9 October, the MHA stated that the correction order addressed two major falsehoods: first, the assertion that executions in Singapore are carried out without due legal process, and second, the claim that the government targets, silences, and harasses anti-death penalty groups such as the Transformative Justice Collective.
The ministry emphasised that Singapore takes a strict stance against the deliberate spread of false information, especially when it could undermine public confidence in the nation’s institutions.
According to records, to date, Mr Shanmugam has issued 18 correction directions under POFMA to various individuals, media outlets, and civil society groups on behalf of the MHA and the Ministry of Law.
MHA: Due Legal Process for Azwan Bohari
Addressing the case of Mohammad Azwan Bohari, MHA clarified that Azwan had been afforded legal due process throughout his trial and subsequent appeals.
“An execution will only be scheduled when a prisoner has exhausted all rights of appeal and the clemency process in relation to his or her conviction and sentence. This was so in Azwan’s case,” asserted MHA.
MHA highlighted Azwan’s previous conviction in 2009 for drug trafficking, which led to a five-year prison sentence. He was released in October 2014 but was re-arrested in October 2015 for drug trafficking.
MHA claimed during his trial, although Azwan did not contest ownership of the drugs found in his possession, he denied intending to traffic all of them, claiming half was for personal use.
However, MHA pointed out that under Section 17 of the Misuse of Drugs Act (MDA), possession of more than a specified quantity of drugs is presumed to be for trafficking unless the accused can prove otherwise.
“Even where the Prosecution relies on this presumption, it still bears the legal burden of proving the material elements of the charge beyond a reasonable doubt, i.e., the fact of possession and knowledge (of the nature of the drugs). ”
“The use of such presumptions is only an evidential tool to prove certain elements of an offence after a predicate fact has been proven by the Prosecution. Further, this presumption can be rebutted if the accused person is able to show, on a balance of probabilities, that he or she was not trafficking in drugs.”
Azwan, who was convicted and sentenced on 11 February, 2019, had his appeal dismissed by the Court of Appeal on 24 October, 2019. Further, two clemency bids were unsuccessful. On 12 April, 2024, he was notified that his execution was scheduled for 19 April.
MHA detailed that by the time of his execution notice, Azwan was involved in only one legal proceeding—an application challenging the constitutionality of the Legal Assistance Scheme for Capital Offences (Lasco), a scheme that provides free legal counsel to those facing capital charges.
The ministry emphasised that this application did not request a stay of execution.
It was only on 16 April, three days before his execution, that Azwan submitted a motion for a stay of execution, prompting the Court of Appeal to issue a temporary stay on 17 April while considering the Lasco application.
On 20 May, 2024, the High Court struck down the Lasco application, with the Court of Appeal dismissing a subsequent appeal on 9 September.
On 19 September, Azwan, along with 30 other death row prisoners, filed another civil application challenging specific provisions of the Capital Cases Act 2022.
However, MHA pointed out that this civil matter did not impact Azwan’s conviction or sentence, nor did it request a stay of execution. Azwan received a new execution notice on 30 September, with the date set for 4 October.
Despite filing another last-minute application on 1 October for a stay of execution, the Court of Appeal dismissed it on 3 October.
The court ruled that Azwan’s intended review application had “no prospect of success whatsoever” and found no grounds to challenge the validity of his conviction or sentence.
Allegations of Harassment of Activists
In response to ADPAN’s claims that authorities targeted anti-death penalty activists, including the Transformative Justice Collective, MHA categorically denied these allegations.
The ministry stated that any action taken against activists was in response to the spreading of false information, and was conducted in the public interest to preserve the integrity of the criminal justice system.
The Transformative Justice Collective has been issued several Pofma correction orders for its posts on the death penalty.
MHA argued that these posts cast “serious aspersions” on Singapore’s legal system, posing a risk of eroding public trust in governmental institutions.
The ministry noted that these correction orders did not require the removal or alteration of the original posts, stating, “Readers can still read the falsehoods, and consider the Government’s clarifications alongside it.”
ADPAN has since complied with the correction order by adding a correction notice to the original posts on its Facebook, Instagram, and LinkedIn accounts.
ADPAN’s Response: “We Stand in Solidarity with Human Rights Defenders and Groups on the Ground”
In its latest response, ADPAN highlighted on its Facebook page that it received the POFMA correction order on 9 October at 11 p.m., coinciding with the eve of the World Day Against the Death Penalty.
The Executive Committee of ADPAN stated that it has decided to engage with the order.
“Let it be known that ADPAN stands by its statements, expressions, and opinions which are protected by international human rights law and standards. We stand in solidarity with human rights defenders and groups on the ground.”
ADPAN also reserved the right to issue further statements on the matter.
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