Interpol must clarify its involvement in the arrest warrant issued against British journalist Clare Rewcastle Brown

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  • Clare Rewcastle Brown fears she will be arrested when she arrives in Spain later this week
  • Charities have written to INTERPOL today seeking clarification over whether a Red Notice has been issued for her arrest
  • On 23 September 2021, the Malaysian Government issued a warrant for her arrest regarding a book about the 1MDB scandal. 

British journalist Clare Rewcastle Brown Photograph by Felix Clay

This morning ARTICLE 19, Index on Censorship and Fair Trials wrote to Interpol to request clarification about whether a Red Notice or Diffusion has been issued against the British journalist, Clare Rewcastle Brown. The fourteen undersigned organisations would like to reiterate calls for Interpol to clarify the situation in order to ensure Ms Rewcastle Brown’s unrestricted entry to Spain later this week.

Ms Rewcastle Brown is the founder and editor-in-chief of the Sarawak Report and known for exposing high-level corruption involving the former Prime Minister of Malaysia (popularly known as the ‘1MDB scandal’). In 2015, the Sarawak Report published an article on the diversion of USD 700m into the personal accounts of the prime minister of Malaysia, Najib Razak. Subsequently, Ms Rewcastle Brown faced charges of ‘activities detrimental to parliamentary democracy’, which formed the basis of a Red Notice request by the Malaysian authorities. In August 2015, Fair Trials wrote to Interpol expressing concerns that the Red Notice would likely violate Interpol’s rules. At the time, they took the unusual step of confirming that although a Red Notice request had been received, it was refused by the General Secretariat. 

As of 23 September 2021, Ms Rewcastle Brown has been subject to a new arrest warrant in Malaysia. According to media reports, she is wanted over criminal defamation charges brought by the wife of the Sultan of Terengganu regarding statements made about her in Ms Rewcastle Brown’s 2018 book about the 1MDB scandal. 

If a Red Notice has been issued, Ms Rewcastle Brown could be arrested when she travels to Spain later this week to visit an elderly relative who needs her support. There is also a risk that she could be held in detention and face extradition to Malaysia.

The undersigned organisations have serious concerns that the Malaysia National Central Bureau might be trying to use Interpol’s systems to judicially harass Ms Rewcastle Brown. The organisations are calling on Interpol to clarify whether there has been an attempt to issue a Red Notice or Diffusion by Malaysia, and whether such an attempt has been successful.

Clare Rewcastle Brown said: “These criminal charges are linked to a civil defamation case and my lawyers believe they represent an abuse of due process to put pressure on me as the defendant against a politically powerful litigant. When the original criminal complaint was brought in 2018 the police declined to action it. However, last month the political party behind the multi-billion dollar 1MDB sovereign wealth fund theft, which lost an election after I had exposed the scandal, returned to office. 

“I am concerned that the same actors who tried to abuse Interpol by having me arrested as a terrorist in 2015 will, having returned to power, attempt to file another Interpol Red Notice alert with the aim of having me detained anywhere in the world. They are seeking to paint me as a criminal for exposing their corrupt practices which is my job as a journalist and they are using a claim of ‘criminal libel’ which is simply not a crime that exists in the UK or most democratic countries where the freedom of journalists to report on the politically powerful is rightly protected. I could be thrown into jail at a border by officials who have no idea about the background to this case or the spurious nature of these charges and then face months of legal action fighting extradition charges to get back to Britain.”

Bruno Min, legal director at Fair Trials said: “Some countries will go to extraordinary lengths to quash dissent, including by abusing Interpol Red Notices and Diffusions to harass and intimidate critics, wherever they might be. Interpol must send a clear message to the world that it will not tolerate the misuse of its systems as a tool of oppression by ensuring that journalists and writers like Clare Rewcastle Brown are protected from abusive Red Notices and Diffusions.” 

Sarah Clarke, Head of Europe and Central Asia at ARTICLE 19 said: “This latest act of legal intimidation by the Malaysian authorities against Clare Rewcastle Brown is part of a pattern of serious judicial harassment against the journalist as a direct reprisal for her work in exposing massive corruption. Interpol must recognise this as a vexatious act of intimidation and ensure they are not complicit in the abuse of their system.” 

Jessica Ní Mhainín, policy and campaigns manager at Index on Censorship said: “It’s an indictment of international policing that a journalist travelling from one jurisdiction to another should fear an arrest for her work, which is overwhelmingly in the public interest. Interpol should take immediate steps to block any efforts by the Malaysian authorities to abuse its systems to harass Clare Rewcastle Brown, and ensure her unrestricted entry to Spain.”

Read the letter to INTERPOL here

Contact: Jessica Ní Mhainín, policy and campaigns manager, [email protected]

SIGNED:

ARTICLE 19

Blueprint for Free Speech

The Daphne Caruana Galizia Foundation

English PEN

European Centre for Press and Media Freedom (ECPMF)

Fair Trials

IFEX

Index on Censorship

International Press Institute (IPI)

Justice for Journalists Foundation

OBC Transeuropa (OBCT)

PEN International

Reporters Without Borders (RSF)

South East Europe Media Organisation (SEEMO)[/vc_column_text][/vc_column][/vc_row]

Malaysian cartoonist Zunar cleared of sedition charges

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For Malaysian cartoonist Zunar, three years of constitutional challenges pale in comparison to the 43 years imprisonment that were on the line. But after a legal battle active since 3 April 2015, Zunar’s nine sedition charges were dropped on Monday 30 July 2018. With three days in court still to follow, the victory is one of several the artist is seeking as an advocate for free expression and the repeal of the Sedition Act.

Implemented during British rule and strictly enforced by the regime of former PM Najib Razak, the Sedition Act spared no government critic whether artist, activist or MP. Under newly elected PM Mahathir Mohamad, the Attorney General’s Chambers (AGC) announced that it would review all ongoing sedition cases starting 13 July.

In the first of his four court dates this week, Zunar was acquitted along with MP Sivarasa Rasiah of the People’s Justice Party (PKR) and civil rights lawyer N. Surendran. All three individuals were charged for denouncing the Razak regime’s conviction of opposition leader and PKR member Datuk Seri Anwar Ibrahim for sodomy.

Surendran faced charges on 19 August 2014 after writing a seditious press release entitled “Court of Appeal’s Fitnah 2 written judgement is flawed, defensive and insupportable.” Zunar was charged not for his political cartooning but for tweets that insulted the judiciary after Anwar’s conviction. Both were charged under Section 4(1)(c) of the Sedition Act for “publish[ing], […] distribut[ing] or reproduc[ing] any seditious publication” while Sivarasa was charged under Section 4(1)(b) for “utter[ing] any seditious words” in a speech at the March 2015 “Kita Lawan” (“We Fight”) rally in protest of Anwar’s imprisonment.

After their hearings on Monday in Kuala Lumpur, prosecutors reported that the AGC would not pursue their respective cases any further. Zunar’s victory was widely celebrated by his global fanbase. Human Rights Watch legal advisor Linda Lakhdhir tweeted “Excellent news that the Malaysian govt is dropping sedition charges against @zunarkartunis and @nsurendrann. Now it should drop all remaining sedition charges and repeal the law.”

Indeed, the Pakatan Harapan coalition the government is now under promised to repeal the Sedition Act in its 2018 election manifesto. As Zunar told Index earlier this month, “If they really want to abolish the Sedition Act together with other laws related to freedom of expression, freedom of speech, they at least need to suspend it first before they continue.”

His upcoming court dates, 31 July-2 August, concern a suit the cartoonist filed after he was arrested and his artwork and 1300 of his books were confiscated in a police raid during an exhibition in October 2016. Although there have not been any similar cases since Mahathir came to power, Zunar hopes to use his cartooning and advocacy to serve as a watchdog and hold the government to their commitments on free expression.

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Cartoonist Zunar holding Malaysia’s government accountable on free expression

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Malaysian cartoonist Zunar is facing charges under a colonial era Sedition Act. (Photo: Sean Gallagher/Index on Censorship)

Malaysian cartoonist Zunar is facing charges under a colonial era Sedition Act. (Photo: Sean Gallagher/Index on Censorship)

Nine banned books. Nine charges of sedition carrying the maximum penalty of 43 years imprisonment. Countless attacks, raids and arrests. These were the consequences of Malaysian cartoonist Zunar’s cartoons and tweets decrying government scandals and misdealings under former prime minister Najib Razak.

Under Razak, Malaysia’s “Man of Steal,” Zunar published volumes of cartoons criticising the prime minister and his wife for their lavish lifestyle and corrupt rule at the expense of the Malaysian people. The government justified its crackdown on his works early on, reasoning that they “influence the public to revolt against the leaders and government policies” and are “detrimental to public order” in 2010.

A travel ban was placed on Zunar on 24 June 2016. In 2015, he was charged under Malaysia’s Sedition Act, a 1948 remnant of British colonial rule used by the Malaysian government to silence dissenting voices like Zunar’s. He now awaits four days in court, starting 30 July.

The cartoonist was still in the process of mounting a constitutional challenge to the Sedition Act for these charges when opposition leader Mahathir Mohamad toppled PM Najib Razak in national elections on 9 May 2018. The same day, the new government lifted the travel ban on Zunar and has placed one on the former PM while investigating his role in Malaysia’s global corruption scandal, 1MDB.

For the first time in two years, Zunar could travel to London last week, where he met with ARTICLE 19 and Amnesty International officials. He continues to challenge his travel ban because the old government cited “special reasons,” not law, to justify it. With his challenge active until the travel ban trial on 22 October, Zunar emphasised “I want to do this because I think I am being victimised but I also want the court to make a ruling that no government can use this [justification] anymore, including the new government. [Otherwise] they may use this again in the future for the activists the government doesn’t like.”

The government has faced ongoing international pressure from organisations like Index and ARTICLE 19 as well as UN Special Rapporteur on cultural rights, Karima Bennoune, to drop the sedition charges against Zunar. On 13 July, the Malaysian Attorney General’s Chambers (AGC) announced that they will begin a review of all ongoing sedition cases, citing the strength of the cases and evidence as determinants of whether the charges will be upheld.

In the meantime, Zunar has vowed to continue cartooning and advocating for the repeal of the very laws that silence him and other government critics in Malaysia: the Sedition Act, the Printing and Press Act and the Fake News Act. Despite national celebration of the new government, he remains skeptical. “It’s too early to put any hope on what they say because I think new governments always makes good promises but they need to abolish [the Sedition Act] because this is what the promise during the election campaign was” he said.

Zunar spoke with Index’s Shreya Parjan about the current status of his case.

Index: You’ve faced the current set of sedition charges since 2015. How have you appealed and challenged them since then? How does your current appeal differ from that of your case in 2010?

Zunar: It was started in 2010, yes, I was arrested around that time but they didn’t charge me for that so 2010 is different. I have few other sedition charges, okay so 2010 one, 2015, 2016 two times but the only one they charged was in 2015. This is the one they’ve got me in court for. The others they just investigated and arrested and I spent time in police lockup for other cases but only one they are really bringing to court.

The [2015] charge is still going on, the next court date is 30 July. This is very long, from March 2015 until now, the court is still unable to start because at the same time when they brought me to court, my staff and several activists who have been charged with sedition, we filed suit to challenge the constitutionality of the sedition act. The separate court had to deal with that first.

And finally, early this year, the court has made a decision that our challenge is irrelevant and so there’s no issue. So finally, now the court is going to start and also now its a new date: on 30 July. But we have to also understand that politically, and now we have a new government, all my charges were brought by the old government, so we’ll see what happens on the 30 of July.

Index: Since the Attorney General’s Chamber announced on 13 July that they will be reviewing all ongoing sedition cases, what expectations do you have for your own case?

Zunar: Now, the new parliament session just started today [16 July] and I have to wait and see. It’s too early to put any hope on what they say because I think new governments always make good promises but they need to abolish [the Sedition Act] because this is what the promise during the election campaign was. But just a few days ago, another activist was challenged under Sedition so this is why I say it’s important to see the action rather than the words now.

Index: What changes in the environment for free expression do you anticipate seeing under PM Mahathir Mohamad?

Zunar: I have to say that until they [abolish] it, I’m still concerned. If they’re really serious, they will abolish this law and several laws. If they really want to abolish the Sedition Act together with other laws related to freedom of expression, freedom of speech, they at least need to suspend it first before they continue. They have to show that “we are really serious, that we have to do it, but for the time being, why don’t we suspend theis law first.” For me, if you really have a political will to do it, you have to show it. But I don’t know, it’s too early to say. Until they do it, I cannot say anything about it and there’s no positive sign for it.

The other law also involved in this is the Printing and Press Act, the law the government widely used to control the media. There’s also the Fake News Act, which was introduced just before the previous election, and the Official Secrets Act. Two of these laws were used against me and the other two were used against activists who tried to expose or tried to reveal corruption or wrongdoing by the government so the government has to, if they’re serious about freedom of expression, they have to abolish these laws.

There’s some talk of review, but I say no, there’s no excuse, they have to go for it. We have to wait for the parliament, whether this will be done in this parliament session which is going to make their decision over one month. We have to wait for this to see whether this new government is really serious about it or if they might use it again.

Index: What has the former government’s crackdown on those you worked with (publishers, webmaster) looked like? What implications could the new government’s review of your case have for them?

Zunar: There was an incident where the police arrested me when I did an exhibition in October 2016 and they took all the artwork and also 1300 books. I filed a suit against them and the case will be heard during the trial which is over four days: 30 July-2 August. At the same time, two of my assistants have been charged and their charges still continue and there’s no sign that the government will drop the charges. They have been charged with obstructing the police officers from carrying out their job. I think they had one court session last week so they still continue. There’s no sign that the government will drop the charge.

Previously, three of my printers have been raided under the Printing and Press Act and they were given a very strong warning that if they print my book again, they will be charged under Sedition and their licenses will be revoked. Also, my webmaster was investigated under the Sedition Act, my office has been raided several times and my sales assistants have been arrested.

What the police did is use a culture of fear. They create fear. They go and they didn’t really bring these guys to court, but they use harassment and the law that they will be charged if they continue, to scare people. But because we have a new government, so far there are no cases like that, so I think that the situation is maybe changing, I don’t know.

Index: What role do you see your cartoons playing in your advocacy for the repeal of the Sedition Act and other legislation that has constrained your work in the past?

Zunar: I think in my recent trip to London [last week] I spoke to ARTICLE 19 and Amnesty International and I hope for them to make a statement. It’s good for international organisations to give pressure to the government during the parliament session to abolish these outdated laws.

My cartoons reflect the issues of a country during that time, any time. If I want to do the same level of cartooning, the one I did during the previous government is a different type of cartoon. Now I can do more reminding and giving pressure to the government in a positive manner. Because in Malaysia right now, we just chose a new government, everyone is very happy, the people are very happy, this is what they expect and at the same time, civil society and activists like me have to remind the government that winning doesn’t mean you win everything or everything already changed.

So many things need to be done to keep the promises [that were made during the election]. As a cartoonist, we simply have to wait for the issues. Like during the parliament, if they don’t act, we have to come up with a cartoon to show that this is what you promised and you are not fulfilling your promise.

Talking about levels, previously what I did was to fight through cartoon. This is one level up from what normal cartoonists do around the world. Normal cartooning around the world is to criticise the government of the day. That is for those who think that the government is a bit undemocratic. Last time, what I did was fight through cartoon. But now, the people of Malaysia did win and there’s so much hope for this new government and they’re very positive about it. I cannot simply come and fight through cartoon again at this time.

Now I have to do positive cartoons reminding and being a watchdog for the government. I think changing the mindset is very important also. It’s not about changing individuals, you have to change the mindset in the society, to show that cartoons can do the job too. In terms of what I’m going to do, I think I need to go along with this achievement and be a watchdog to the government, which is a totally different role of cartooning compared to the one I did with the last government.[/vc_column_text][vc_media_grid element_width=”3″ grid_id=”vc_gid:1532428297196-711fc435-d06c-1″ include=”101641,101640,101642,101636,101635,101639,101638,101637″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][three_column_post title=”Malaysia” full_width_heading=”true” category_id=”130″][/vc_column][/vc_row]

Censorship gone viral: The cross-fertilisation of repression

[vc_row][vc_column][vc_single_image image=”85524″ img_size=”full” alignment=”center”][vc_column_text]For around six decades after WWII ideas, laws and institutions supporting free expression spread across borders globally. Ever more people were liberated from stifling censorship and repression. But in the past decade that development has reversed.  

On April 12 Russian lawmakers in the State Duma completed the first reading of a new draft law on social media. Among other things the law requires social media platforms to remove illegal content within 24 hours or risk hefty fines. Sound familiar? If you think you’ve heard this story before it’s because the original draft was what Reporters Without Borders call a “copy-paste” version of the much criticized German Social Network law that went into effect earlier this year. But we can trace the origins back further.

In 2016 the EU-Commission and a number of big tech-firms including Facebook, Twitter and Google, agreed on a Code of Conduct under which these firms commit to removing illegal hate speech within 24 hours. In other words what happens in Brussels doesn’t stay in Brussels. It may spread to Berlin and end up in Moscow, transformed from a voluntary instrument aimed at defending Western democracies to a draconian law used to shore up a regime committed to disrupting Western democracies. 

US President Donald Trump’s crusade against “fake news” may also have had serious consequences for press freedom. Because of the First Amendment’s robust protection of free expression Trump is largely powerless to weaponise his war against the “fake news media” and “enemies of the people” that most others refer to as “independent media”.

Yet many other citizens of the world cannot rely on the same degree of legal protection from thin-skinned political leaders eager to filter news and information. The Committee to Protect Journalists (CPJ) has documented the highest ever number of journalists imprisoned for false news worldwide. And while 21 such cases may not sound catastrophic the message these arrests and convictions send is alarming. And soon more may follow.  In April Malaysia criminalised the spread of “news, information, data and reports which is or are wholly or partly false”, with up to six years in prison. Already a Danish citizen has been convicted to one month’s imprisonment for a harmless YouTube video, and presidential candidate Mahathir Mohammed is also being investigated. Kenya is going down the same path with a draconian bill criminalising “false” or “fictitious” information.  And while Robert Mueller is investigating whether Trump has been unduly influenced by Russian President Putin, it seems that Putin may well have been influenced by Trump. The above mentioned Russian draft social media law also includes an obligation to delete any “unverified publicly significant information presented as reliable information.” Taken into account the amount of pro-Kremlin propaganda espoused by Russian media such as RT and Sputnik, one can be certain that the definition of “unverified” will align closely with the interests of Putin and his cronies.

But even democracies have fallen for the temptation to define truth. France’s celebrated president Macron has promised to present a bill targeting false information by “to allow rapid blocking of the dissemination of fake news”. While the French initiative may be targeted at election periods it still does not accord well with a joint declaration issued by independent experts from international and regional organisations covering the UN, Europe, the Americans and Africa which stressed that “ general prohibitions on the dissemination of information based on vague and ambiguous ideas, including ‘false news’ or ‘non-objective information’, are incompatible with international standards for restrictions on freedom of expression”.

However, illiberal measures also travel from East to West. In 2012 Russia adopted a law requiring NGOs receiving funds from abroad and involved in “political activities” – a nebulous and all-encompassing term – to register as “foreign agents”. The law is a thinly veiled attempt to delegitimise civil society organisations that may shed critical light on the policies of Putin’s regime. It has affected everything from human rights groups, LGBT-activists and environmental organisations, who must choose between being branded as something akin to enemies of the state or abandon their work in Russia. As such it has strong appeal to other politicians who don’t appreciate a vibrant civil society with its inherent ecosystem of dissent and potential for social and political mobilisation.

One such politician is Victor Orban, prime minister of Hungary’s increasingly illiberal government. In 2017 Orban’s government did its own copy paste job adopting a law requiring NGOs receiving funds from abroad to register as “foreign supported”. A move which should be seen in the light of Orban’s obsession with eliminating the influence of anything or anyone remotely associated with the Hungarian-American philanthropist George Soros whose Open Society Foundation funds organisations promoting liberal and progressive values.

The cross-fertilisation of censorship between regime types and continents is part of the explanation why press freedom has been in retreat for more than a decade. In its recent 2018 World Press Freedom Index Reporters Without Borders identified “growing animosity towards journalists. Hostility towards the media, openly encouraged by political leaders, and the efforts of authoritarian regimes to export their vision of journalism pose a threat to democracies”. This is something borne out by the litany of of media freedom violations reported to Index on Censorship’s Mapping Media Freedom, which monitors 43 countries. In just the last four years, MMF has logged over 4,200 incidents — a staggering array of curbs on the press that range from physical assault to online threats and murders that have engulfed journalists.

Alarmingly Europe – the heartland of global democracy – has seen the worst regional setbacks in RSF’s index. This development shows that sacrificing free speech to guard against creeping authoritarianism is more likely to embolden than to defeat the enemies of the open society.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″][vc_single_image image=”100463″ img_size=”full” onclick=”custom_link” img_link_target=”_blank” link=”http://www.freespeechhistory.com”][/vc_column][vc_column width=”1/2″][vc_column_text]

CLEAR AND PRESENT DANGER

A podcast on the history of free speech. 

Why have kings, emperors, and governments killed and imprisoned people to shut them up? And why have countless people risked death and imprisonment to express their beliefs? Jacob Mchangama guides you through the history of free speech from the trial of Socrates to the Great Firewall.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”12″ style=”load-more” items_per_page=”4″ element_width=”6″ grid_id=”vc_gid:1526895517975-5ae07ad7-7137-1″][/vc_column][/vc_row]