Film protests about much more than religion

September 15th, 2012

Reducing the backlash over “The Innocence of Muslims” to a hysterical reaction to blasphemy ignores deep unease at the US’s role in the Arab world, says Myriam Francois-Cerrah

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Indonesia: Shia cleric jailed for blasphemy

July 13th, 2012

Indonesia’s Sampang District Court has sentenced a Shia cleric to two years’ imprisonment for blasphemy. Tajul Muluk was said to have caused ”public anxiety” for his religious teachings. Witnesses said that the cleric encouraged Muslims to pray three rather than five times a day, that the Quran was no longer authentic and that followers need not make the Hajj pilgrimage to Mecca, considered one of the five pillars of Islam. Under Indonesian law, blasphemy carries a maximum penalty of five years in prison.

Kuwait: 10-year sentence for Twitter blasphemer

June 6th, 2012

A Kuwaiti man was sentenced to 10 years in prison on Monday after being convicted of endangering state security as a result of messages he sent on Twitter. The judge found Hamad al-Naqi guilty of insulting the prophet Muhammad and Islam, and insulting the rulers of neighbouring Saudi Arabia and Bahrain. Al-Naqi pleaded innocent at the start of the trial last month, saying his Twitter account had been hacked and he had not posted the messages.

Iraq: Kurdish authorities arrest magazine editor

May 17th, 2012

The editor of a Iraqi Kurdish magazine has been arrested for reprinting an allegedly blasphemous article. Hamin Ary, editor of Kurdish and Arabic monthly publication Chirpa (Al-Hamsah in Arabic) was arrested on 7 May after publishing an article by controversial writer Goran Halmat. Ary was arrested for “offences that violate religious sensibilities”, an offence which carries a maximum sentence of three years in prison. The article, entitled “Me and God” was originally posted on Facebook in 2010, and was deemed “offensive to Islam”.

Egypt: Adel Imam blasphemy sentence dropped

April 26th, 2012

A Cairo court today dismissed a three-month jail sentence handed down to popular comic actor Adel Iman, Al Ahram reports. Imam had faced jail after a case was brought against him for “defaming Islam”.  He had been accused by Islamist lawyer Asran Mansour, who accused the actor of offending political figures and the religion. Imam’s lawyer argued that the his client’s films were “certified” by by authorities.

Bangladesh: Facebook pages shut for blasphemy

March 26th, 2012

A Bangladesh court last week ordered government authorities to shut down five Facebook pages and a website for blasphemous content. Judges at the high court in Dhaka ordered the telecommunications regulator, home ministry officials and police to block the offending content after two university lecturers filed a lawsuit complaining that the pages and the site were hurting people’s religious sentiments. The pages were deemed to contain “disparaging remarks and cartoons” about the Prophet Mohammed, Jesus, the Koran, Lord Buddha and Hindu gods. In 2010, Facebook was temporarily blocked on charges of malicious propaganda against the Prime Minister and hurting religious feelings.

Saudi journalist facing the death penalty for his tweets reportedly to be released

March 9th, 2012

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.

The mysterious case of Hamza Kashgari

February 21st, 2012

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