The court case against Malaysian cartoonist Zunar on nine charges of sedition was due to begin today, carrying a maximum penalty of 43 years in prison. Instead, the artist and his lawyers filed applications to have their cases referred to the high court, mounting a constitutional challenge to the country’s Sedition Act and delaying the case against them.
Zunar’s lawyer, Eric Paulsen, who was also due to face charges of sedition this morning, says the Sessions Court, which was due to hear the case, does not have jurisdiction to do so. He has posed the following three points for consideration by the court:
1 Whether section 3(3) of the Sedition Act 1948 is unconstitutional as it states that the “intention” of the maker “shall be deemed to be irrelevant” when making the seditious statement;
2 Whether the Sedition Act unlawfully criminalises peaceful expression of free speech and is thus unconstitutional;
3 The recent Federal Court case in PP v Azmi Sharom misread the constitution and should be reconsidered. Under Article 10(2), “Parliament may by law impose” restrictions on fundamental rights. Therefore, as the Sedition Act pre-dates the Constitution, it cannot be read into Article 10(2) to restrict freedom of speech.
The Malaysian Federal Court dismissed a similar constitutional challenge against the Sedition Act by University of Malaya law lecturer Dr Azmi Sharom early last month. Zunar’s application is now fixed for a hearing on 8 December, and the decision will be made on 15 December.
In the meantime, there are no trial dates set for the sedition case against Zunar and his lawyers.
Zunar has just returned to Malaysia, after visiting the UK to raise awareness of his case and mount an exhibition of his work at London’s Cartoon Museum.
Malaysian cartoonist Zunar, who is facing a trial for his work, is to have four of his most celebrated cartoons exhibited at London’s Cartoon Museum.
“This will be my very first exhibition held in a cartoon museum. At a time when I am facing pressure from the Malaysian government for my works this is genuine encouragement, a tribute I humbly acknowledge and am tremendously grateful for,” said Zunar, who is facing nine charges under the Sedition Act and potentially up to 43 years in prison.
Zunar’s work will be on display at the museum’s cartoon and caricature gallery from 4 Nov 2015, alongside a new exhibition Gillray’s Ghost, marking the 200th anniversary of the death of English caricaturist James Gillray who was also regarded as a provocative figure in his day.
“Zunar is part of a great political cartooning tradition which asks awkward questions of those in power in images which endure in people’s memory,” said Anita O’Brien, director of The Cartoon Museum. “No doubt Gillray would be sympathetic to his cause so it is appropriate that their works are on show at the same time.”
When: From Wednesday, 4 Nov 2015 to January 2016
(Hours: Mon – Sat: 10.30 – 17.30, (inc. Bank Holidays); Sun 12.00 – 17.30) Where: The Cartoon Museum, 35 Little Russell Street, London WC1A 2HH (map) Tickets:Admission information
Malaysian cartoonist Zulkiflee Anwar Haque, aka Zunar, is currently in the UK to raise awareness ahead of his court case in his home country at the start of next month. He is facing nine charges of sedition for criticising Malaysia’s judiciary over the recent incarceration of a Malaysian opposition leader and could be sentenced to a maximum of 43 years imprisonment.
While in the UK, Zunar will be part of an exhibition at the Cartoon Museum.
“I want people to understand the situation in Malaysia through cartoons,” he said during an interview with Index on Censorship. The full video can be seen above.
“I will never stop,” he added. “It is my right as a citizen to express my view and my responsibility as a cartoonist to give alternative views.”
Zunar and his work have been repeatedly targeted by the Malaysian authorities. In September this year, police opened an investigation on his latest book of political cartoons, Sapuman – Man of Steal. A sales assistant who manages online sales of the title was questioned by police under the Sedition Act. A number of his cartoon books been banned by the government.
This article was posted on 29 October 2015 at indexoncensorship.org
Malaysian cartoonist Zulkiflee Anwar Haque, aka Zunar, is facing nine simultaneous charges under the country’s Sedition Act and will appear in court on 6 November. He could be sentenced to 43 years in prison for drawing cartoons that mock Malaysia’s corrupt government officials.
Ahead of his court appearance, Zunar is coming to the UK to display a small selection of his work as part of the permanent exhibition at the Cartoon Museum and several other events.
29 Oct: My fight through cartoons: In conversation with Zunar
Join Index on Censorship, Amnesty International and SUARAM International to hear a courageous artist speak about his cartoons and his inspirations, and human rights and freedom of expression in his home country Malaysia. When: Thursday, 29 Oct, 2015, 6pm – 8:30pm Where: Amnesty International UK, Human Rights Action Centre, London, EC2A 3EA (map) Tickets: Free, but registration required Full details
In early October 2015, the country’s Supreme Court rejected a challenge to the constitutionality to the Sedition Act. The decision was a setback for Zunar, who’s trial had been postponed pending the outcome.
The court, challenged by law professor Azmi Sharom, ruled on 6 October that the Sedition Act 1948 remains constitutional and a valid piece of legislation. Azmi had argued that the Sedition Act 1948 is not a valid law as it was not enacted by parliament and contradicted with the Article 10 of Malaysia’s constitution.
At the time, Zunar said: “The decision by the court simply mocked the Constitution and [is] politically motivated.”
The cartoonist said the Sedition Act has been used as political weapon by the government to constrain and curtail freedom of expression since it was introduced in 1948. More than 200 activists – students, lecturers, lawyers, writers, religious activists, opposition leaders and cartoonist – have either been arrested, detained, investigated or charged since last year.
“I am now being slapped with nine charges under the draconian act and facing a possible 43 years of jail term,” he added. “The hope to get justice from the court is just fairy tale.”
