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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:

Persatuan Aliran Kesedaran Negara
Bank account number:

107 246 109 510

Malayan Banking Berhad, Green Lane branch, Penang, Malaysia.

(If you are outside Malaysia, please include the “SWIFT” code for our bank: MBBEMYKL)

Please also email us at aliran@streamyx.com to indicate that it is a donation to Hector’s Legal Defence Fund.

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 23 August 2011

APPELLATE COURT DENIES STAY ORDER TO HUMAN RIGHTS ACTIVIST (Bernama)

APPELLATE COURT DENIES STAY ORDER TO HUMAN RIGHTS ACTIVIST

PUTRAJAYA, Aug 23 (Bernama) -- A human rights activist failed to obtain an order from the Court of Appeal here to stay the trial of a defamation suit filed against him, which was scheduled tomorrow.

Justices Datuk Zainun Ali, Datuk Zaharah Ibrahim and Anantham Kasinather dismissed Charles Hector Fernandez''s stay application and ordered him to pay RM10,000 in legal costs.

Japanese company, Asahi Kosei Sdn Bhd, sued Fernandez for defamation over his blog posts which highlighted the plight of Myanmar migrant workers working in the factory.

The Shah Alam High Court has set three days, beginning tomorrow, for trial of the suit.

Fernandez, who is also a lawyer, sought for a stay of the trial, pending his appeal to the appelllate court concerning his application to include the 31 migrant workers as defendants in the suit, which was rejected by the High Court.

The appeal is fixed for hearing at the Court of Appeal on Oct 5.

Asahi Kosei sought damages of RM10 million, claiming that six entries published in Fernandez''s blog contained false statements, resulting in the company receiving queries from its clients, demanding explanation over the blog entries.

Fernandez was represented by Francis Pereira and Sharmini Thiruchelvam while John Fam Sin Nin appeared for the company.

-- BERNAMA [Bernama, 23/8/2011,APPELLATE COURT DENIES STAY ORDER TO HUMAN RIGHTS ACTIVIST]

Also reported in New Straits Times, 23/8/2011, Appelate Court denies stay order to human rights activist

MySinchew.Com, 23/8/2011, Appellate court denies stay order to activist

Malaysiakini, 23/8/2011, Appellate court denies stay order to rights activist

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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