Human rights defender Mr Charles Hector Fernandez is facing trial on 28-29 June 2011 for allegedly defaming Japanese-owned company Asahi Kosei (M) Shd. Bhd in Selangor, Malaysia. As the trial date is nearing, the Court has handed down a decision dated 11 April 2011 which appears to have concluded that that the defendant is guilty. Charles Hector Fernandez is a well-known human rights defender and lawyer who has represented workers and migrants for many years. He is a former member of the Malaysian Bar Council who advocates for labour reform and details abuses of workers on his blog, http://charleshector.blogspot.com.

On 28 June 2011 Charles Hector Fernandez is due to stand trial for alleged defamation of the Asahi Kosei Company, which is suing him for the compensation of $USD 3.3 million following comments posted on his blog concerning the breach of an agreement by the company with 31 Burmese migrant workers. The workers claim they were being paid significantly less than what was originally agreed with their employer and when they complained about the breach of the agreement and sought compensation they were allegedly threatened with deportation and termination of their employment.
Having received a complaint by the workers of Asahi Kosei, Charles Hector Fernandez contacted the company to confirm the details and urged them to ensure that the rights of their employees were respected. When the company failed to respond, he wrote about the situation of the workers on his blog and called for the protection of the migrant workers and in particular those facing deportation. Asahi Kosei Company, which manufactures video equipment, hard disk drives and automobile parts, maintains that they are not responsible for the treatment of the workers as they were supplied to them by an 'outsourcing' agent. As well as compensation the company is also demanding a public apology and a deletion of the allegedly defamatory blog posts.

The Court has released a decision dated 11 April 2011 which claims that there is no truth in the blog posts which Charles Hector has posted, and that they is no basis provided for the comments made. The Court further draws a distinction between freedom of expression in the printed press and information posted on the internet, claiming that comments by the human rights defender must be verified and further stating that a blog is not an appropriate forum to deal with this particular issue. The Court states that the defendant was not in a position to demand information from the company nor to provide them with a deadline to respond to his requests.

Front Line is concerned by the Court's statement that comes prior to the commencement of the full defamation hearing and believes that the issuing of such a statement is a gross infringement on the defendant's right to a fair trial.

Furthermore Front Line believes that the defamation suit is directly related to Charles Hector Fernandez's legitimate work in defence of human rights and in particular workers' rights in Malaysia.

Front Line urges the authorities in Malaysia to:

   1. Ensure that the trial of human rights defender Charles Hector Fernandez conforms to international fair trial standards;
   2. Guarantee in all circumstances that all human rights defenders in Malaysia are able to carry out their human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

Front Line respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw attention to Article 6 (b and c): “Everyone has the right, individually and in association with others: (b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”, and to Article 12 (1 and 2): “(1) Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. (2) The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”