February 14th, 2013
On the eve of Valentines Day, the Pakistani government issued a staunch warning to its media to avoid reporting the “depraving, corrupting and injuring” holiday. It’s not banned in Pakistan, but Pakistan’s Electronic Media Regulatory Authority warned the press that a “large chunk” of its population are against Valentine’s Day celebrations on principal, with some Islamist groups protesting against the festivities. The Malaysian government has offered similar warnings to its Muslim population. In India, activists of the Shiv Sena Hindu right-wing group held protests against St Valentine.
— An anti-Valentine’s Day demonstration held in Amritsar, India
Many Indonesian officials and clerics see Valentine’s Day as nothing more than an excuse for illicit pre-marital relations. The deputy mayor of Depok, Idris Abdul Somad, warned the public off celebrating and dismissed Valentines Day as a public holiday for sex and urged citizens to replace romance with religion by participating in Islamic activities. In Jambi, on Sumatra island, and Solo, in Central Java, hundreds of students held protests against Valentine’s Day on 13 February. In Aceh, the only Indonesian province living under Islamic law, authorities enforced a ban on novelty gifts.
In Iran, Valentine’s Day was banned in 2011 to avoid the spread of western culture. It didn’t stop some citizens from celebrating today though, as shoppers hunted for gifts, despite the regime banning the sale of cards or heart shaped novelties, with florists being threatened with closure should they sell red roses. In Saudi Arabia it’s a similar story; Pre-marital relations are met with staunch punishment. Valentine’s is viewed as a pagan holiday and activities are monitored and curbed by the Commission for Promotion of Virtue and Prevention of Vice.
The censorship of Valentine’s Day isn’t excluded to Islamic countries. In Florida, high-school goers learned the hard way that school is for learning, not for loving after two Orlando schools banned Valentine’s Day, promising to turn away deliveries of gifts that arrive at school to avoid distraction.
Regardless of sanctions, lovers will still exchange the whispers of sweet nothings and secretly bought gifts. This Valentines Day, whether it’s a Mills and Boon novel for one, or a supermarket meal deal for two, remember that it’s not forbidden — yet.
April 27th, 2012
Well-known
Malaysian columnist R Nadeswaran has been
ordered to pay 500,000 MYR (£101,193) in damages for comments made on Twitter about a property developer. Nadeswaran allegedly
tweeted insults about businessman Mohamed Salim Fateh Din on 12 July and 22 December 2010. The columnist is the first person to be charged with defamation for comments made on Twitter. Nadeswaran
told The Sun Daily that he plans to appeal.
April 27th, 2012
Thousands of Malaysians plan to demonstrate in favour of electoral reform this week. But the country’s new security laws are set to make political dissent and free speech more difficult, says Malik Imtiaz Sarwar
(more…)
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.
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
February 15th, 2012
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.
February 15th, 2012
Lawyers representing Saudi journalist
Hamza Kashgari have
said there are no immigration records of his
deportation from Malaysia last Sunday, suggesting the columnist may have been sent back to his native country in violation of international laws and that the Malaysian government may have acted in contempt of court. 23-year-old Kashgari 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. Kashgari may be accused of apostasy, which is a capital offence in Saudi Arabia.
