Nov 9, 2020 | DFF, Statements
The Board of ASEAN Parliamentarians for Human Rights (APHR) today renewed its call for the immediate and unconditional release of Philippines Senator Leila de Lima, expressing their collective solidarity with the Senator on the occasion of her 59th Birthday.
This is the second birthday she will spend in prison and it should be her last. Sen. de Lima has been one of the most outspoken critics of President Duterte’s “war on drugs.” In the months prior to her arrest in February 2017, Sen. De Lima had spearheaded a Senate investigation into alleged extrajudicial killings carried out by the current administration. She has remained in prison for 18 months, awaiting trial for three counts of drug trafficking charges. After more than a year of delays in the proceedings, she was arraigned on two of her charges in July and August.
Sen. De Lima and international rights groups have consistently maintained that the charges are false and politically motivated due to her outspoken criticism of the Duterte administration. During her time in detention, the Supreme Court has denied her request for legislative furlough so she can perform her duties as a Senator.
Throughout her incarceration, public access to Sen. de Lima has been limited. Several foreign delegations have been barred from visiting her in prison. In September 2017, authorities at her detention center denied APHR members access, despite the delegation having followed all proper protocols.
In light of the above concerns, and in failure of her release, we urge the Philippines authorities to allow Sen. de Lima to be able to receive visitors in prison, including foreign guests, on a non-discriminatory basis.
We further urge the Philippines government to end all harassment and politically motivated criminal charges against human rights defenders, journalists and members of the opposition who seek accountability for human rights violations in the context of the “war on drugs.” Sen. De Lima’s continued imprisonment undermines both democracy and the rule of law in the Philippines.
The APHR Board.
Nov 9, 2020 | DFF, Statements
JAKARTA – Regional lawmakers welcomed the release of Malaysia’s former opposition leader Anwar Ibrahim today, expressing hope that the move signaled the new administration’s commitment to reform and to addressing human rights concerns.
ASEAN Parliamentarian Human Rights (APHR) urged other countries in Southeast Asia to follow Malaysia’s lead and end the persecution of opposition politicians and human rights defenders.
“We applaud the new government’s prompt action to expedite Anwar’s release, as well as the King’s decision to grant a full pardon. His release is a step in the right direction for human rights and democracy in Malaysia, as well as the ASEAN region as a whole,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.
Anwar Ibrahim was sentenced to five years in prison in February 2015 on politically motivated sodomy charges under Section 377 of the Malaysian Penal Code. His conviction came amid an intensified crackdown against human rights defenders and others critical of the former ruling government. APHR previously called for Anwar’s release and highlighted judicial harassment faced by individuals who criticized his conviction in 2015.
A full pardon issued on Wednesday by the Malaysian King, Sultan Muhammad V, has now reversed the 2015 conviction and will allow Anwar to return to politics. The decision came after a historic election win by the Pakatan Harapan coalition on 9 May, which resulted in immediate action by the new government to push for Anwar’s release and pardon.
“Anwar should never have been in jail to begin with. As a victim of unjust government persecution, his release brings in fresh hope for a better Malaysia that promotes good governance and the rule of law. We look forward to welcoming forthcoming developments that will further strengthen democracy and the realization of basic rights,” Baguilat said.
“Genuine reform requires the dismantling of repressive institutional structures and practices, including legislative changes and an end to the persecution of government critics. In addition to the release of Anwar, the new government should also consider reviewing other legal cases brought against critical voices, as well as a slew of draconian laws that were used to stifle dissent,” he added.
APHR expressed hope that Malaysia’s example would inspire its ASEAN neighbors to release their own imprisoned opposition politicians. In Cambodia, Kem Sokha, President of the Cambodia National Rescue Party, the country’s largest opposition party, which was dissolved by the government last year, has been in pre-trial detention since September 2017. In the Philippines, Senator Leila de Lima, a fierce critic of President Rodrigo Duterte’s “war on drugs,” has been in pre-trial detention since February 2017. Like Anwar, both have been targeted with trumped up charges designed to derail their political careers.
“We hope that the governments of Cambodia and the Philippines follow Malaysia’s lead and end the persecution and imprisonment of opposition politicians. Kem Sokha and Senator De Lima deserve to walk free today as well,“ Baguilat said.
“Anwar’s release is a reminder of the potential of governments to strengthen and uphold fundamental rights and the rule of law, if only those in power have the political will to do so. This move represents a long-awaited and much needed counter to the resurgence of authoritarianism in the region, but there is still much work to be done,” he concluded.
Nov 9, 2020 | DFF, Statements
JAKARTA – Parliamentarians from across Southeast Asia today reiterated their call for the immediate and unconditional release of Philippine Senator Leila de Lima, who, as of tomorrow, will have spent one year in detention awaiting trial on politically motivated charges.
ASEAN Parliamentarians for Human Rights (APHR) praised the Senator for her relentless pursuit of accountability and human rights and warned that her continued imprisonment represented a black mark on the Philippines’ international reputation.
“Senator de Lima’s unjust and politically motivated imprisonment continues to exemplify the grave threats to Philippine democracy that exist today, as well as the dire state of human rights in the country as a whole,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“Her detention is a preposterous abuse of the criminal justice system, which only serves to undermine the rule of law in the Philippines. Senator de Lima is a prisoner of conscience and must be released immediately.”
Sen. de Lima was arrested on 24 February 2017, one week after being charged with three counts of drug trafficking. She has remained in detention since, awaiting trial. Her arrest came as she was in the midst of leading a Senate investigation into President Duterte’s brutal ‘war on drugs,’ which has seen thousands die at the hands of police and vigilantes since Duterte took office in June 2016.
“As one of the most vocal opponents of the Duterte administration’s deadly ‘war on drugs,’ it is clear that Senator de Lima’s detention is the result of her dogged defense of the rights of all Filipinos. The government is relying on repression and intimidation to silence and impede the efforts of those working to uncover abuses and promote accountability,” Santiago said.
Since being charged, proceedings against Sen. de Lima have been marked by significant delays, including those resulting from motions filed by the Department of Justice to amend her charge from drug trafficking to conspiracy to traffic drugs.
Restrictions have also been placed on visits to the Senator in jail. APHR members were blocked from visiting Sen. de Lima in September, despite having followed all proper protocols, and other foreign delegations have since faced similar hurdles. Such moves by the authorities have only strengthened the argument that she is a victim of political persecution, APHR said.
“Barring foreign delegations like ours from visiting Senator de Lima sends the message that the government has something to hide when it comes to her case. Moreover, if the authorities had a legitimate case against her, it would have gone to trial already,” Santiago said.
MPs noted that Sen. de Lima’s case also reflected broader regional trends that have seen fellow lawmakers in Cambodia, Malaysia, and elsewhere arrested and charged amidst an intensifying clampdown on opposition voices across Southeast Asia.
“Senator de Lima is one of a growing number of lawmakers in the ASEAN region, who have faced harassment and imprisonment for daring to challenge the powers that be. This represents an unacceptable threat to democracy region-wide and must be countered,” Santiago said.
Meanwhile, international concern over President Duterte’s drug war has continued to rise in the months since Sen. de Lima’s imprisonment. This month, the International Criminal Court (ICC) launched an initial inquiry into crimes against humanity allegedly committed by President Duterte, including extrajudicial executions dating back to 1988, when Duterte was the mayor of Davao City.
“If the government was trying to shut her up and avoid further international scrutiny by imprisoning Senator de Lima, their plan has backfired spectacularly. The move has only invited more questions about the administration’s atrocious human rights record,” Santiago concluded.
“As regional lawmakers, we stand in solidarity with Senator de Lima and all human rights defenders in the Philippines. We are in this fight together,” he added.
Nov 9, 2020 | DFF, Statements
PHNOM PENH – Over 150 members of parliament from around the world sent an open letter to Cambodia’s Prime Minister today, calling on his government to immediately and unconditionally release Kem Sokha, President of the now-dissolved Cambodia National Rescue Party (CNRP), and to take immediate steps to allow for free and fair elections in 2018.
The letter, which was sent to Prime Minister Hun Sen this morning, was endorsed by 158 members of parliament representing 23 countries on six continents* and comes a day after the three-month anniversary of Kem Sokha’s detention.
Kem Sokha was arrested on 3 September 2017 and charged with treason for comments made during a 2013 speech, in which he discussed efforts toward peaceful, democratic change in Cambodia. His request for bail has been repeatedly denied. His party, the CNRP, was officially dissolved by the Supreme Court on 16 November, and he and 117 other senior members of the party were banned from politics for five years.
“Kem Sokha’s detention is clearly politically motivated, and the government has presented no credible evidence of the absurd charges levied against him. His arrest came in the midst of a heavy-handed crackdown on free media and civil society, and, combined with the subsequent dissolution of his party, represents nothing more than an attempt by the ruling party to eliminate all opposition before next year’s national elections,” said Malaysian MP Charles Santiago, Chairperson of ASEAN Parliamentarians for Human Rights (APHR) and one of the letter’s signatories.
“Along with 157 of my colleagues from countries around the globe, from Argentina to South Africa to Malaysia, we are asking the Cambodian government to take steps to reverse course by unconditionally releasing Kem Sokha and allowing him and his party to participate freely in politics. Elections in 2018 will be illegitimate unless such actions are urgently undertaken,” Santiago said.
In addition to calling for Kem Sokha’s release, the letter called on the Cambodian government to reverse the decision to dissolve the CNRP, to reinstate all CNRP elected leaders to their positions, both in Parliament and at the local level, and to repeal amendments passed earlier this year to the Law on Political Parties and four electoral laws. Those amendments were rushed through the National Assembly on party-line votes, and laid the groundwork for the CNRP’s dissolution last month.
“Kem Sokha’s arrest and detention took place in a context of increasing repression of the opposition, which has been enabled by the amendment of laws to fit the ruling party’s political agenda. In order for us to believe that future elections can happen in a genuine, participatory, and inclusive manner, this major roadblock needs to be addressed,” said Congressman Tom Villarin of the Philippines, who also signed the letter.
“The Cambodian Government must show a commitment to working with its international partners, including those who have been critical of its recent actions, in addressing what we see as serious breaches of international law and Cambodia’s own constitution. The government’s onslaught against the opposition, independent media, civil society, and the rule of law itself must stop, and we need to see proof of that,” Villarin added.
Parliamentarians welcomed the strong stance taken by many governments and politicians around the world in criticizing the Cambodian government’s recent actions, and noted that this attention should and would be sustained.
“The overwhelming support shown by lawmakers from around the world by signing on to this letter shows that the situation in Cambodia is not one that the international community is going to ignore. Prime Minister Hun Sen would do well to pay attention to our recommendations or risk becoming a pariah on the global stage,” Santiago concluded.
* Countries of endorsing parliamentarians: Argentina, Australia, Austria, Belgium, Bulgaria, Canada, France, Germany, Indonesia, Italy, Lithuania, Macedonia, Malaysia, the Netherlands, the Philippines, Portugal, Singapore, South Africa, Spain, Sweden, Timor-Leste, the United Kingdom, and the United States.
Click here to read the letter.
Nov 9, 2020 | DFF, Statements
JAKARTA — Parliamentarians from across Southeast Asia today reiterated calls for the immediate and unconditional release of Anwar Ibrahim, 1,000 days since the former Malaysian opposition leader was sent to prison after his conviction and five-year jail sentence were upheld by Malaysia’s highest court.
ASEAN Parliamentarians for Human Rights (APHR) said that Anwar’s case exemplified a trend of intensified government persecution against critical voices in Malaysia, which has continued in the years since his jailing and remains a serious concern, particularly with parliamentary elections on the horizon. The collective of regional lawmakers called on Malaysian authorities to cease judicial harassment and other forms of intimidation against opposition members and government critics and repeal or amend existing legislation restricting fundamental freedoms.
“Anwar Ibrahim’s conviction flew in the face of international legal standards and seriously undermined the credibility of Malaysia’s justice system, demonstrating the extent to which the courts have been used as tools of an executive agenda. Anwar has already spent 1,000 days too many behind bars and should be immediately freed,” said APHR Board Member Teddy Baguilat, a member of the House of Representatives of the Philippines.
“From the beginning, this case was about silencing opposition voices and making it more difficult to challenge the government. It’s a trend we’ve been seeing intensify across the region, and it signals even darker days ahead for human rights in ASEAN,” he added.
On 10 February 2015, the Federal Court of Malaysia upheld a 2014 decision by the Court of Appeal to convict Anwar Ibrahim on charges of “sodomy” under Section 377 of the Malaysian Penal Code and sentence him to five years in prison. The case, which bore all the hallmarks of being politically motivated, is indicative of the persistent human rights challenges Malaysia faces, particularly in upholding the rights of individuals who criticize the ruling government, APHR said.
At least half a dozen activists have subsequently faced investigation, arrest, charges, or convictions for calling for Anwar’s release. These cases, along with other instances of judicial harassment against government critics in recent years, highlight the urgent need for Malaysia to repeal or amend all laws that disproportionately restrict freedom of expression and assembly, APHR said. These include the 1948 Sedition Act, the 1959 Prevention of Crime Act, the 1984 Printing Presses and Publications Act, the 2012 Peaceful Assembly Act, and the 2012 Security Offences (Special Measures) Act.
“These laws have been repeatedly abused by the authorities for political ends and have no place in a country hoping to bolster its regional leadership credentials within ASEAN,” Baguilat said.
Regional MPs argued that the continued persecution of opposition voices in Malaysia threatens the credibility of the next round of parliamentary elections, which must take place before the end of August 2018, and emphasized the need to allow for an environment conducive to free expression and genuine, inclusive competition in advance of the polls.
“Malaysia’s leaders must embrace the virtues of a strong, vibrant opposition. They must recognize that dissenting voices represent an integral part of the democratic process, rather than a threat. Releasing political prisoners – including Anwar – would send a strong message that Malaysia’s government intends to respect its commitments to due process and free and fair elections,” Baguilat added.
Anwar Ibrahim’s daughter, Nurul Izzah Anwar, who is also a Malaysian MP and member of APHR, likewise urged Malaysian authorities, including Prime Minister Najib Razak, to free her father, and highlighted concerns about treatment needed for medical conditions, which have worsened since his detention in 2015.
“After 1,000 days of incarceration, Prime Minister Najib has an opportunity to reverse course and lean in toward democracy by facilitating Anwar’s deserved pardon for the simple fact of his innocence and unjust trial. If this is too much, we hope, at least, that a modicum of mercy and patriotism can inspire the Prime Minister to allow Anwar unfettered access to proper medical care, even if only available outside Malaysia,” she said.
