Date
Type
Case No
Country
Mandate(s)
Summary of the allegation transmitted
GMB 1/2014
23/12/2014 Gambia
JUA
Arbitrary
detention;
Freedom of
expression;
Human rights
defenders;
Independence of
judges and
lawyers;
Allegations of arbitrary arrest and detention of three individuals as a direct result of
their peaceful and legitimate activities advocating for human rights in the Gambia. On
5 November 2014, Mr. Sait Matty Jaw, a Gambian national, Mr. Seth Yaw Kandeh, a
Ghanaian national, and Mr. Olufemi Ernle Titus, a Nigerian national, were allegedly
arbitrarily arrested and detained at the Gambian National Intelligence Agency
Headquarters as a result of their involvement with a Gallup poll designed to collect
data on political governance and alleged corruption in the Gambia. On 10 December
2014, the three men appeared before the Banjul Magistrates’ Court. They were
officially charged with conspiracy to commit misdemeanour, failure to register a
business, and two counts of disobedience of statutory duty in relation to preliminary
work being done for the Gallup poll. All defendants pleaded not guilty as charged.
The three men were remanded to Mile II Prison pending trial, scheduled for 23
December 2014.
MYS 8/2014
23/12/2014 Malaysia
JAL
Freedom of
expression;
Freedom of
peaceful assembly
and of association;
Human rights
defenders;
Independence of
judges and
lawyers;
Allegations related to the Sedition Act of 1948 and restrictions to the right to freedom
of opinion and expression. According to the information received, on the basis of the
Sedition Act of 1948 (the Act), law enforcement institutions enjoy unfettered
discretion to arrest and charge individuals who are merely exercising their right to
freedom of opinion and expression, as set forth in article 19 of the Universal
Declaration of Human Rights. Reportedly, the Prime Minister of Malaysia made a
statement on 27 November 2014 expressing the Government’s intention not only to
retain, but also to strengthen, the Act. It is also reported that since Special
Rapporteurs’ last communicated with the Government on the issue, there have been
new cases of persons detained and charged under the Act for acts related to the
legitimate exercise of their rights to freedom of opinion and expression. This
communication is sent in follow-up to the response received from the Government of
Malaysia to the press release issued on 8 October 2014, following the communication
sent on 1 October 2014, see A/HRC/28/85, case no. MYS 6/2014.
Reply
A/HRC/29/50
31
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