(CPJ/IFEX) – CPJ is outraged by the Malaysian Court of Appeal’s decision to imprison “Far Eastern Economic Review” correspondent Murray Hiebert for contempt of court. Hiebert’s sentencing makes Malaysia the only Commonwealth country to have imprisoned a journalist on contempt charges in half a century, according to his lawyers. **Updates IFEX alerts of 13 September […]
(CPJ/IFEX) – CPJ is outraged by the Malaysian Court of Appeal’s decision to
imprison “Far Eastern Economic Review” correspondent Murray Hiebert for
contempt of court. Hiebert’s sentencing makes Malaysia the only Commonwealth
country to have imprisoned a journalist on contempt charges in half a
century, according to his lawyers.
**Updates IFEX alerts of 13 September and 19 May 1999, 3 October and 5
September 1997**
On 11 September 1999, a three-judge panel led by Judge Lamin Yunus upheld an
earlier high court conviction and ordered Hiebert to be jailed for six
weeks. The judges permitted Hiebert to make a few telephone calls before
police escorted him to Sungai Buloh prison, where he began serving the
sentence even as his lawyers prepare an appeal.
The Shah Alam High Court originally sentenced Hiebert to three months in
prison on 4 September 1997. The contempt charge stems from a 23 January 1997
article that Hiebert wrote for the “Far Eastern Economic Review” – a
prestigious English-language weekly based in Hong Kong and published by Dow
Jones & Company. The article, entitled “See You in Court,” focused on the
increasingly litigious nature of Malaysian society and made reference to one
case involving the son of a prominent judge, Gopal Sri Ram.
Hiebert noted in his piece that many were “surprised at the speed with which
the case,” brought by the judge’s wife, had “raced through Malaysia’s legal
labyrinth.” The lower court determined that Hiebert’s article had
“scandalised the court, was calculated to excite prejudice against the
plaintiff, and was designed to exert pressure on the court.”
For the past two years, Hiebert has been free on bail, but forbidden to
leave Malaysia. Hiebert’s passport has been held by the government ever
since his first conviction. His wife and children are in Washington, D.C.,
awaiting his release.
CPJ is deeply dismayed by Hiebert’s imprisonment and believes that no
journalist should be jailed for what he or she writes. CPJ further believes
that in cases where journalists knowingly distort the truth, there are
sufficient remedies available for redress in civil law.
CPJ is particularly concerned that Hiebert’s harsh sentence might be seen as
a warning to journalists covering the politically charged trial of former
Deputy Prime Minister Anwar Ibrahim, whose case has brought international
scrutiny to Malaysia’s judicial system. Both Hiebert’s and Anwar’s cases are
expected to come up for discussion during the 12th Commonwealth Law
Conference, which began in Kuala Lumpur today and brings more than a
thousand lawyers and judges from
the Commonwealth countries to Malaysia.
CPJ believes that economic advancement and democratic reform are possible
only through the open exchange of ideas by an uninhibited press, which must
be free to report critically on all branches of government, including the
judiciary, without fear of imprisonment.
Recommended Action
Send appeals to the prime minister:
Hiebert, so that he may be immediately released from prison to rejoin his
family
into Hiebert’s prosecution, to determine whether there was any miscarriage
of justice
Malaysia’s legal code that allow journalists to be imprisoned for their work
Appeals To
His Excellency Dato’ Seri Dr. Mahathir Mohamad
Prime Minister
Jabatan Perdana Menteri
Jalan Dato’ Onn
Kuala Lumpur 50502, Malaysia
Fax: +60 3 238 3784
Please copy appeals to the source if possible.
