Lawyers and organizations from UK and a number of other countries write to Malaysian authorities condemning attempts to discredit and criminalize human right lawyer Charles Hector.
8 April 2021
Twenty-one lawyers, including human rights QC Michael Mansfield, over 60 organisations and 80 individuals from 17 countries, have signed an Open Letter distributed by Legal Action for Women, UK, condemning attempts to discredit and criminalize Malaysian human rights lawyer Charles Hector and the eight villagers he represents.
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OPEN LETTER to: the Prime Minister of Malaysia, the Chief Justice of Malaysia, Chief Minister of Pahang State Government, The Human Rights Commission (SUHAKAM), the Pahang Foundation, the Head of the Delegation of the European Union, the Malaysian Bar and the Office of the United Nations High Commissioner for Human Rights (UNHCHR)
We condemn attempts to discredit and criminalize Malaysian human rights lawyer Charles Hector
Legal Action for Women (LAW) and undersigned organizations condemn attempts to discredit and criminalize Malaysian human rights lawyer Charles Hector. Mr. Hector is representing eight villagers in Jerantut who are protesting intended logging in the nearby forest on which they depend for clean water.
We urge the Malaysian authorities to take immediate action to stop a spurious application by logging contractors for leave to begin contempt of court proceedings against Mr. Hector. The application is aimed at precluding a fair trial. It is based on a letter Mr. Hector sent on behalf of his clients seeking clarifications in preparation for full trial. The contractors claim that that this letter breached a temporary/interim injunction court order. The Malaysian Bar recently called for new legislation to define contempt of court and what sentences it would carry. Sentences now are entirely arbitrary and can include high fines, prison sentence and even the revocation of Charles Hector’s practicing lawyer certificate. The hearing has been adjourned on a number of occasions and is now due to be heard on 14 April.
Charles Hector is a highly respected human rights lawyer who has defended freedom of assembly, the rights of women, Indigenous people, migrants and refugees, workers, trade unionists, urban settlers, as well as land rights and administration of justice. He is a former member of the Bar Council, and has also been instrumental in developing the Malaysian Bar Legal Aid Dock-Brief programme to ensure that all defendants who do not have a lawyer receive free legal advice and legal representation.
The charges brought against Mr. Hector may aim to stop him from representing victims of possible collusion between regional state authorities and corporations, such as these Jerantut villagers.
On the basis of Articles 1, 5 and 12.2 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the UN in 1998, we demand an end to the harassment of Mr. Hector and the eight villagers who are defending human and environmental rights and exposing rights violations. Basic Principles on the Role of Lawyers, adopted by a United Nations Congress, also states, amongst other things, that lawyers must never be barred from being ‘. . . able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; . . . (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.’ (Article 16)
The outcome of this case is being watched internationally, especially given the climate emergency and the targeting of human rights defenders and their lawyers. We call for the immediate discontinuation of this contempt proceedings against the lawyer and his eight community human rights defender clients.
SIGNED BY: Nina López, Legal Action for Women, UK
And by:
LAWYERS
Michael Mansfield QC, UK
Jamie Bell, Duncan Lewis Solicitors, UK
Ryan Bestford, Greater Manchester Immigration Aid Unit
Hilary Brown, CEO, Virgo Consultancy Services Ltd
Nick Brown, barrister, Doughty Street Chambers, UK
Emily Burnham, non-practising solicitor, UK
Brenda Campbell QC, Garden Court Chambers, UK
Valerie Easty, barrister, Garden Court Chambers, UK
Michael Ellman, solicitor, ex-chair of Solicitors’ International Human Rights
Group, UK
Matt Foot, solicitor, Birnberg Peirce Ltd, UK
Russell Fraser, barrister, Garden Court Chambers, UK
Toufique Hossain, director of public law & immigration, Duncan Lewis Solicitors, UK
Kevin Hsu, non-practicing attorney, USA
James Lafferty, lawyer, USA
Alastair Lyon, solicitor, Birnberg Peirce and Partners, UK
National Lawyers Guild, San Francisco
Richard O’Keeffe, Head of Legal, United Voices of the World Union, UK
Elizabeth M Millar, solicitor, UK
Damien Morrison, Morrison & Associates Solicitors, UK
Kali Schellenberg, lawyer, Relman Colfax PLLC, USA
Sham Sunder, Shaharudin Sham Sunder & Partners
Frances Swaine, solicitor, Managing Partner, Leigh Day Solicitiors, UK
Farhana Yamin, solicitor & climate activist, UK
ORGANISATIONS
Gloria Peters, All African Women’s Group, UK
Wiranta Ginting, Asia Floor Wage Alliance, Indonesia
Reiko Harima, Asian Migrant Centre, Japan
Jenneke Arens, Bangladesh Group Netherlands
Rachel West, Bay Area Global Women’s Strike, USA
Jacob Berkson, Brighton Migrant Solidarity, UK
Luke Daniels, Caribbean Labour Solidarity (President), UK
Rama Ramanathan, Citizens Against Enforced Disappearances, Malaysia
Poai Hong Wong, Childline Foundation, Malaysia
Arjan van der Waal, Defenders in Dordrecht, The Netherlands
Kofi Thompson, Eco-Conscious Citizens group, Ghana
Niki Adams, English Collective of Prostitutes, UK
Pat Albright, Every Mother is a Working Mother Network/Phila., USA
Meenakshi Raman, Friends of the Earth (SAM), Malaysia
Rohana Ariffin, Gagasan Insan Progresif
Dr. Pillkyu Hwang, GongGam Human Rights Law Foundation, South Korea
Alex Burton, Global Justice Bloc, UK
Meena Jagannath, Global Network of Movement Lawyers, USA
Crissie Amiss, Global Women Against Deportation, UK
Selma James, Global Women’s Strike, UK
Phoebe Jones, Global Women’s Strike, USA
Pierre Labossière, Haiti Action Committee
Susan Englander, Harvey Milk LGBTQ Democratic Club, USA
Jain Young, Heartland Communities, Inc., USA
NurFitri Amir Muhammad, IDRIS Association, Malaysia
Margaret Prescod, International Black Women for Wages for Housework
Hui Yein, Jaringan Hak Asasi Manusia, Malaysia
Sukhdev Reel, Justice for Ricky Reel
Ili Nadiah Dzulfakar, Klima Action Malaysia
Kate Raphael, LAGAI Queer Insurrection, USA
LASSCAST collective, UK
Nina Lopez, Legal Action for Women, UK
Alice Griggs, Lesbians and Gays Support the Migrants, UK
Shahindha Ismail, Maldivian Democracy Network, Germany
Brahm Press, MAP Foundation, Thailand
Sam Weinstein, Momentum Camden, UK
Leslie Miles, New Future Foundation, USA
Laura Connelly, Northern Police Monitoring Project, UK
Adrian Pereira, North South Initiative
Giorgio Riva, Payday, Italy
Ben Martin, Payday men’s network, UK,
Eric Gjertsen, Payday men’s network/Phila, USA
David Gibson, Peace, Justice, Sustainability NOW!, USA
Lisa Pedersen, Peace Builders of Orange County, USA
Suguna Papachan, Persatuan Sahabat Wanita, Selangor (Friends of Women Organisation), Malaysia
Temma Fishman, Philadelphia Ethical Society, USA
Rumana Hashem, Phulbari Solidarity Group, Bangladesh
Shandre Delaney. Human Rights Coalition Fed-Up, Pittsburgh PA, USA
Didi Rossi, Queer Strike, UK
Ali M, Rakyat Jelata, Malaysia
Michael Kalmanovitz, Refusing to Kill initiative, UK
David Swanson, RootsAction Education Fund, UK
Kim Sparrow, Single Mothers’ Self-Defence, UK
Suresh Kumar, SUARAM, Malaysia
Jacob Berkson, Sussex Refugee and Self Support Group, UK
Puni Selvaratnam, Tamil Women for Peace & Justice
William Mitchell, Toxicology & Industrial Hygiene Consulting, USA
Chee Yoke Ling, Third World Network, Malaysia
Leela Panikkar, Treat Every Environment Special, Malaysia
Rachel West, USPROStitutes Collective, USA
Cardiff People’s Assembly, Wales
Sara Callaway, Women of Colour/Global Women’s Strike
Mary Shanthi Dairiam, Women’s Aid Organisation, Malaysia
Roz Jones, #MeToo Survivors, USA
INDIVIDUALS
Adjeley Akwei, Ghana
Adrienne Fong, USA
Adwoa Sey, Ghana
Agnes Williams, USA
Alice Nah, University of York
Alissa Trotz, Canada/Guyana
Anna Thorburn, UK
Anne Hall, retired health care lecturer, UK
Anne Phoenix, UK
Anuradha Banerji, India
Barbara Gurley, USA
Berit Jordahl, USA,
Bill MacKeith, UK
Bob Goupillot, UK
C Gill, UK
Carol Fern Culhane, USA
Carolyn Hill, USA
Chanda Prescod-Weinstein
Chris Barraclough, UK
Chris Peters
Clem Simon, BPP University, UK
Daniele Tamburlini, Italy
David Tejeda, USA
Dawn Sanders, UK
Devon Ferrucci, USA
Diana Bohn, USA
Dorothea Leicher, USA
Dr Felicity de Zulueta, Emeritus Consultant Psychiatrist in Psychotherapy at SLaM NHS Foundation Trust and Honorary Senior Clinical Lecturer in KCL, UK
Dr Jonathan Fluxman, UK
Dr Laura Connelly, Lecturer in Criminology, University of Salford, UK
Dr Remi Joseph-Salisbury, Presidential Fellow in Sociology, University of Manchester, UK
Dr. Susan Curtis, USA
Ellen E Barfield, USA
Estelle Cohenny, Thailand
Evelyn Bradley, UK
Fidel Asante, UK
Fitnat Adjetey Esq., Ghana
Frances Gilmore, USA
Geoff Francis, RMT (personal capacity)
Gray Davis, UK
Halil SAVDA, Conscientious Objector and Human Rights Defender, UK
Heulwen Baworowska, UK
Jane Welford, USA
Janet Love, UK
John McCormick, USA
Julius Williams, Ghana
Katharine Johnson, USA
Kua Kia Soong, Malaysia
Laura Sedgy, UK
Linda Ray, SEIU 1021 Delegate to San Francisco Labor Council, USA
Liz Hilton, Australia
Lorry Leader, UK
Maggie Ronayne, Lecturer at the National University of Ireland, Galway, Ireland
Manjeet Panesar, UK
Marcella Pedersen, member of National Farmers Union, Canada
Marta Guttenberg, USA
Nana Asante, UK
Naomi Caplin, UK
Naomi L Vinbury, USA
Nasreen Mahmud, USA
Nell Myhand, USA
Nohad Nassif, author, USA
Olivia Qasir, Pakistan
Pamela Hall, USA
Rona Rothman, USA
Salai Yaw Aung, Thailand
Shoda Rackal, UK
Shreena Shah, UK
Shreena Shah, UK
Sidney Ann Ross-Risden, USA
Sophia Vassilakidis, USA
Symran Saggar, UK
Teresa Muldrow, USA
Yvonne P Benn, High School of Economics & Finance, USA
Background
The contempt of court application has been initiated by two logging contractors, Beijing Million Sdn Bhd and Rosah Timber & Trading Sdn Bhd, appointed by the General Manager of the Pahang Foundation, being the Logging License holder. The Pahang Foundation is a statutory body of the Pahang State government.
Since 2013, hundreds of villagers from Kampong Baharu and other villages in Jerantut, Pahang State, have been protesting logging in the Permanent Forest Reserve in Jerantut. The part intended to be logged is also a water catchment area. The impact of deforestation on water catchment areas is well documented.
Regardless of this classification, the Forestry Department issued a logging license in 2019 to the Pengurus Besar Yayasan Pahang (General Manager of the Pahang Foundation).
The villagers rely on the sources in this forest for clean water for drinking, cooking and personal needs. The water is a key to their livelihoods and food security which includes fish farming. Logging also threatens the critically endangered birds and animals of the forest; for example, the helmeted hornbill bird which is near extinction was sighted here. The villagers submitted petitions with hundreds of signatures to the Pahang State Chief Minister (Menteri Besar), relevant members of State Cabinet and also Federal Ministers. In response, the Chief Minister directed the relevant government departments to address the issues raised.
On 19 February 2020, an agent of the logging contractors unloaded heavy machinery in front of the home of one of the defendants. Villagers went to inquire about what was happening peacefully. Later, they discovered that a complaint had been made to the police accusing them of having disrupted and blocking the workers. When they went to the police station to assist investigations, they were arrested, finger-printed, photographed, had their DNA sample taken and statements taken before being released on surety.
The following day, 20 February, the Jerantut Forestry Officer, Mohd Zarin Bin Ramlan, issued a letter suspending the logging companies’ permission to build an access road into the forest. The main reason given was the “disturbances” caused by the villagers on 19 February. At that time, the police hadn’t even completed their investigations, and it is suspicious how the Forestry concluded that the allegations were true. The police now have concluded their investigations and found that the allegations against the villagers were false/baseless. It is highly likely that this 20 February letter of the Forestry Officer was the primary reason why the Court granted the temporary injunction order pending completion of full trial.
In the process of trial preparation, Charles Hector, as lawyer representing the eight villagers, wrote to Mohd Zarin Bin Ramlan individually, not in his official capacity as Jerantut Forest Officer, seeking clarification of this 20 February letter. How this private letter even came into possession of the logging contractors still remains a mystery. Hector’s letter to Mohd Zarin is now the basis of this contempt of court action initiated by the logging contractors against the eight villagers and Charles Hector, their lawyer.
The loggers claim that Mr Hector’s clarification letter was in violation of the interlocutory injunction orders, in particular the order that prohibits the Defendants, ‘their agents, representatives, servants and/or any party connected with them’ from ‘1.4 Interfering with department or approval given to the Plaintiffs on 15 September 2019 by the District Forest Office ….1.5 Cause nuisance to the work of the Plaintiffs in any manner whatsoever including physically, online or by communication with the authorities…’ [1] The said order is vague.
It is unfathomable for an allegation of contempt to be based on a letter from legal counsel, acting on behalf of his clients, seeking clarification from the author of a disputed document.In preparation for trial, lawyers must reasonably seek clarification, interview potential witnesses, obtain documents and evidence. The need to do this is even greater in civil procedures that require the pre-filing of documents and the provision of witness lists and statements before trial proper even starts.
It is alarming that the court is hearing a complaint possibly aimed at manipulating the legal process to attack and discredit a dedicated human rights lawyer and silence the genuine concerns of the community. The right to counsel of one’s choice and the right to a fair trial must be protected. Human rights lawyers like Charles Hector play a vital role in ensuring access to justice and protecting the public interest.