12 Apr 12 | Asia and Pacific
The case of a political cartoonist who was arrested and detained in 2010, and took the government to court as a result, continued last week.
Malaysian cartoonist Zulkiflee Awar Ulhaque, known as Zunar, lodged his complaint of unlawful detention against the Malaysian police and government, following his September 2010 arrest.
On 24 September 2010, police raided Zunar’s Kuala Lumpur office several hours before the scheduled release of a compilation of his cartoons, entitled “Cartoon-o-phobia”.
The cartoonist, whose work criticises public figures and organisations within Malaysia, was arrested charges of sedition and publishing offences. If found guilty under the Sedition Act, Zunar faced a maximum three-year jail sentence. During the raid on his office, 66 copies of Cartoon-o-phobia on the premises were seized by police, despite protests from Zunar’s lawyers.
Zunar believes that the arrest and detention process was an attempt to “scuttle the launch” of his cartoon collection, and was conducted in “bad faith”. The cartoonist said: “I perform my duty as a political cartoonist to be a ‘watchdog’ to the authorities and to represent the voice of the people through art. Thus, based on their continuous actions, I knew the Malaysian government was not happy with my work, and they try to do everything to stop me from producing cartoons.”
He added: “I think the arrest was politically motivated in order to prevent me from drawing cartoons that promote alternative thinking and critical voices.”
Following his arrest, police were unable to determine which cartoons were offensive, or what offence the cartoonist was in breach of. The cartoonist was moved between several police stations, but was not questioned during the first 24 hours of detention. He was released without charge on the evening of the 25 September.
Zunar has brought a civil suit against the government and the police, challenging them for his unlawful arrest and detention, and the confiscation of the books. Zunar is seeking general, aggravated and exemplary damages, along with the return of the property which was confiscated during the raid.
He said: “I know it is a big decision to challenge the Malaysian government in the court. The stakes are high. If I lose I have to pay up to RM40,000.00 (around GBP 7,000). But I vow to keep fighting as my rights of expression is guaranteed under the Malaysian Constitution. I also hope I can create more awareness to the public about the [state of] press freedom in this country, [where] drawing political cartoons has become a crime.”
In January this year, the case began at the Kuala Lumpur High Court. Four witnesses, including the arresting officer, who decided that the whole book and not selected pages were seditious, testified before the court. Government lawyers attempted to justify that the arrest, detention and confiscation of the cartoons were done in good faith, in accordance with the law.
The case resumed on 5 April. According to his Twitter feed, government lawyers told the court that Zunar was arrested under the Printing Presses Act, and that the cartoons offered an element of incitement. The lawyers added that all pages of “Cartoon-o-phobia” were inflammatory.
Zunar explained that in the sessions of the 5 and 6 April, police officers Zaihairul Idrus, Arikrishnana and Marina Hashim gave testimony to the court. He said: “in the last session on 5 and 6 April, three police officers testified and tried to justify the arrest. They constantly said: “Every page of Zunar’s book contains cartoons that depict political leaders, the police and the judiciary, and can incite hatred and misunderstandings among the public.”
Seven other books of the cartoonists’ work have also been banned under the Printing Presses and Publication Act, as the Home Ministry secretary-general Mahmood Adam described them as “not suitable and detrimental to public order.” It was also reported that Adam said the books could influence the public to overthrow the government. In July 2010, Zunar filed a suit to challenge the banning of his books, but this was rejected by the court later that month.
The court will return their decision on 23 May.
09 Mar 12 | Index Index, Middle East and North Africa, minipost
A Saudi journalist facing the death penalty for a series of tweets deemed to be blasphemous is reportedly to be released. Hamza Kashgari, who fled his own country after tweeting a conversation between himself and the prophet Mohammed which sparked calls for his death, is expected to be released in the coming weeks to face a “light sentence”. Kashgari hoped to secure political asylum in New Zealand but was arrested in Kuala Lumpur while in transit, and sent back to Saudi Arabia.
21 Feb 12 | Asia and Pacific, Middle East and North Africa, News and features
In deporting Saudi journalist Hamza Kashgari for his blasphemous tweets, the Malaysian government acted in its own interests and prioritised diplomacy, even if it might ultimately cost the columnist his life, argues Malik Imtiaz Sarwar
A version of this piece was first published in The Edge on 18 February
On 12 February Malaysia deported a young Saudi journalist named Hamza Kashgari where he is to face charges of blasphemy, an offence that carries the death sentence.
Kashgari fled Saudi Arabia after a controversy erupted after he used to social network Twitter to imagine a conversation with the Prophet Mohammed. Kashgari apologised and deleted the tweets in the hope that this would calm the situation. His efforts were insufficient and a directive was issued for his arrest for blasphemy. Kashgari fled the country, he hoped to secure political asylum in New Zealand but was arrested in Kuala Lumpur while in transit.
It seems that the Malaysian authorities would have rather kept the arrest and deportation off the radar. However, the news began to spread. The authorities began trying to justify themselves and their intended actions. It was suggested that the arrest was part of an Interpol initiative, though Interpol denied any knowledge of the matter. Attempts were then made to characterise the affair as being part of an extradition exercise but Malaysia does not have an extradition treaty with Saudi Arabia.
Lawyers were appointed and began efforts to meet their client and to secure his release. They appear to have been given the run-around or kept in the dark about the fact that the authorities had already unilaterally decided to return Kashgari to Saudi Arabia. The procuring of an injunction from a High Court judge on Sunday to temporarily restrain the deportation came to nought; Kashgari had been deported earlier that morning despite awareness of the intended legal challenge.
One cannot help but question the manner in which the Malaysian authorities conducted themselves. Malaysia was under no legal obligation to return the journalist to Saudi Arabia and the two countries are not bound by an extradition treaty, meaning what Kashgari has done in Saudi Arabia is not of relevance in Malaysia. Kashgari had not committed any offence in Malaysia and had entered the country on a valid travel document. He was not intending to stay in Malaysia; his final port of call was New Zealand.
There is a more fundamental question: what was Kasghari arrested for? That has not been made clear by the authorities; all they have said is that he is wanted in Saudi Arabia. Under Malaysian law a person is guaranteed life and liberty and can only be arrested for having committed a crime. Kashgari did not commit a crime here, he was entitled to contest the legality of his arrest. This is why his lawyers ultimately filed a habeas corpus application.
The situation is ironic. The Home Minister has attempted to justify the deportation as an extradition. But were this to be the case, the person sought to be extradited would be entitled to challenge the validity of the extradition order. Those who have been following the extradition proceedings concerning Julian Assange would have seen how aggressively he has opposed extradition. In the same way, General Augustus Pinochet had fought his extradition to Spain. In such cases it is open to the person sought to be extradited to show that were he to be extradited, he would face consequences that were harsher than those permitted in the deporting country.
Where Kashgari is concerned, this was clearly the case. He is facing a death sentence for having done something that would either not have been an offence in Malaysia or would not have carried a death sentence.
The very real possiblity of Kashgari being sentenced to death has been studiously avoided by the Malaysian authorities. They take the position that this is an internal Saudi matter. Curiously, the Home Minister has gone on to say that Malaysia is not to be seen as a haven for terrorists; the offence Hamza is said to have committed does not concern an act of terrorism.
And underlying all of this is the fact that the Malaysian authorities did not have to intervene at all. Kashgari could have been left to take his flight to New Zealand and the problem would have been New Zealand’s.
All of this marshals into one inescapable conclusion. The Malaysian government acted only in its own interests and chose to prioritise diplomatic expediency over the lawful rights of Hamza Kashgari, even though this may ultimately cost the columnist his life. In doing so, the government acted in complete defiance of legal obligations it was under.
I am not alone in this view. The National Human Rights Commission (SUHAKAM) has condemned the authorities for having acted as they did.
For all its talk about moderation, progress and commitment to the fundamentals of the international human rights framework, it is regrettable that the Malaysian government appears to be willing to uphold human rights only where it is politically convenient to do so. Put more plainly, it just does not seem to care.
Were it otherwise, Hamza Kashgari would have had his day in court.
Malik Imtiaz Sarwar is a practising lawyer and the president of the Malaysian National Human Rights Society. He tweets at @malikimitiaz
15 Feb 12 | Index Index, Middle East and North Africa, minipost
Saudi journalist Hamza Kashgari has repented for his tweets deemed insulting to the Prophet Mohammed, according to a family member. They said Kashgari, 23, “has affirmed to his family that he stands by his repentance, that he has made a mistake and regrets it.”
The newspaper columnist fled Saudi Arabia after tweeting a mock conversation between himself and the prophet Mohammed that sparked thousands of responses, including death threats. He was arrested and detained upon his arrival in Malaysia on 9 February, before being sent back to Saudi in controversial circumstancs. He may be accused of apostasy, which is a capital offence in his native Saudi Arabia.
The case of a political cartoonist who was arrested and detained in 2010, and took the government to court as a result, continued last week.
Following his arrest, police were unable to determine which cartoons were offensive, or what offence the cartoonist was in breach of. The cartoonist was moved between several police stations, but was not questioned during the first 24 hours of detention. He was released without charge on the evening of the 25 September.
Seven other books of the cartoonists’ work have also been banned under the Printing Presses and Publication Act, as the Home Ministry secretary-general Mahmood Adam described them as “not suitable and detrimental to public order.” It was also reported that Adam said the books could influence the public to overthrow the government. In July 2010, Zunar filed a suit to challenge the banning of his books, but this was rejected by the court later that month.