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For highlighting information about human rights violations suffered by 31 Burmese Migrant Workers who were working at Asahi Kosei(M) Sdn Bhd, in Charles Hector Blog, HR Defender, Charles Hector, has been sued for RM10 million by the said company.

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ALIRAN has up a fund so that concerned groups and persons can contribute to the legal cost and expenses incurred by Charles Hector, Human Rights Defender, in the legal suit initiated by Asahi Kosei (M) Sdn Bhd. A lot of financial support is needed and your immediate assistance is needed.

Payments can be made by bank transfer to:

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Donations may also be made by cheque or bank draft made payable to Persatuan Aliran Kesedaran Negara. Mail your cheque/bank draft to us at 103, Medan Penaga, 11600 Jelutong, Penang, Malaysia, indicating clearly that it is a donation to the Hector Legal Defence Fund. [http://aliran.com/4590.html]

Tuesday, 28 June 2011

Malaysia: Concern about the trial against human rights defender Charles Hector Fernandez (THE OBSERVATORY)

Malaysia: Concern about the trial against human rights defender Charles Hector Fernandez

PRESS RELEASE – THE OBSERVATORY

Malaysia: Concern about the trial against human rights defender Charles Hector Fernandez

Geneva-Paris, June 27, 2011. The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), expresses its concern about the trial against human rights defender Charles Hector Fernandez, who is being sued by a company for publishing information regarding the violation of the rights of 31 Burmese migrant workers in Malaysia.

The trial against the human rights defender Charles Hector Fernandez is due to June 28 and 29, 2011 before the Shah Alam High Court. He is being sued for “defamation” by the Japanese-owned company Asahi Kosei, in Selangor, Malaysia, as he published information online regarding the violation of the rights of 31 Burmese migrant workers by this company management. Asahi Kosei Company is demanding Mr. Charles Hector Fernandez a compensation of USD 3.3 million, in addition to a public apology and the removal of the information he published.

As a well-known human rights defender and lawyer, Mr. Charles Hector Fernandez received information from Burmese migrant workers that were being threatened with termination of their contracts and deportations by Asahi Kosei Company, as they complained about being paid less than what was originally agreed with their employer. Mr. Charles Hector Fernandez contacted the company to confirm this information. As he received no reply, he began to gather information and advocate for the rights of these 31 Burmese migrant workers, in particular those who were facing immediate deportation. Mr. Charles Hector Fernandez also published the gathered information on his blog - http://charleshector.blogspot.com - between February 8 and 13, 2011.

The company’s main argument is that these 31 Burmese workers have not been under their responsibility, as they were supplied to them by an ‘outsourcing agent’. In addition, the company claims no knowledge of any threats of termination or attempted deportation.

The Observatory condemns the judicial harassment against Mr. Charles Hector Fernandez, which appears aimed at sanctioning his activities as a defender of the rights of migrant workers.

For many years, Mr. Charles Hector Fernandez has provided legal assistance to workers and migrants seeking justice. He uses his blog as a tool of advocacy for the improvement of the migrant and workers rights situation in Malaysia.

The Observatory calls upon the Court to ensure that the trial initiated against Mr. Charles Hector Fernandez comply with all fair trial guarantees provided under international and Malaysian law, and that hearings be accessible to the public, including to national and international observers.

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Background

Charles Hector, human rights defender, activist, blogger and lawyer, did highlight human rights worker rights violations affecting some 31 Burmese migrant workers, all of whom were working at a company, Asahi Kosei(M) Sdn Bhd, in his blog.

The information provided by the workers. After they complaint about wages, wage deductions,.. they were threatened, there was attempts to send back workers to Burma, removal of electrical and cooking items and disconnection of electrical supply... Details of the said violations were then highlighted in the blog beginning 8/2/2011.

A joint statement about this was also issued by 80 over groups on 11/2/2011.

On 14/2/2011, the company sent a lawyers letter demanding USD3.2 million within 7 days, a public apology and the removal of the said postings or else they would file a legal suit.

This attempt to silence, and the threat resulted in a response from civil society groups, including AHRC, Trade Unions, Bar Council and the Malaysian Bar.

On 14/2/2011, the company did file the legal suit, and also an got ,amongst others, a 'gag' order' on 17/2/2011. All this were done without the knowledge of Charles Hector. The said order and the court documents was handed over to Charles Hector on 21/2/2011.

To send an urgent appeal, go to AHRC website or here.

To give donations and assist financially, ALIRAN has set up a Legal Defence Fund, go here for details

For legal case updates, go to 4/3/2011 , 21/3/2011, 30/3/2011, 7/4/2011, 11/4/2011, 25/5/2011, 24/6/2011, 27/6/2011, 23/8/2011,

The stay applied for was not granted by the Court of Appeal on 23/08/2011, and the trial at the High Court in Shah Alam is expected to proceed on the following day, i.e. 24/8/2011, 25/8/2011 and 26/8/2011.

IN DEFENCE OF CHARLES HECTOR