The Center for Independent Journalism (CIJ) and the Arabic Network for Human Rights Information (ANHRI) denounce in the strongest terms the Malaysian and Saudi authorities’ blatant disregard for due process and international norms in the secret rendition of Saudi journalist Hamza Kashgari. Kashgari, wanted by the Saudi authorities for tweets which allegedly insulted Islam and Prophet Muhammad, was deported by the Malaysian authorities on 12 February 2012.
Kashgari fled Saudi Arabia when his life and well being were threatened despite his apology and removal of his aforementioned tweets. Detained at an undisclosed location since his arrest on 9 February at the Kuala Lumpur International Airport, Kashgari was denied access to legal counsel, as well as the UN Refugee Agency (UNHCR). He was deported hastily, reportedly in a private plane supplied by the Saudi authority in the morning of 12 Feb, while awaiting a court injunction against his deportation. His lawyers managed to obtain an injunction order a few hours following his deportation.
Blasphemy is a crime punishable by death in Saudi Arabia, and sending Kashgari back amidst public calls for his execution for “insulting Islam and Prophet Muhammad” is nothing short of a death sentence.
“Only in Saudi Arabia could a blogger get executed because of his tweets,” the organizations said. “The international community should play its role in the protection of human rights and freedom of expression.”
As civil society organisations from Malaysia and Egypt, CIJ and ANHRI are alarmed that Malaysia, a two-term member of the Human Rights Council (HRC), violated international norms against forced deportation (non-refoulement) when it sent Kashgari back to Saudi Arabia, a fellow member of the HRC. The collusion between these two countries in the deportation of Kashgari is a blight on their human rights record and their membership in the HRC.
The undersigned organizations urge the Office of the High Commissioner for Human Rights (OHCHR), the UN Working Group on Arbitrary Detention, and the UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression:
(a) to investigate if Kashgari’s deportation is in accordance with the relevant international norms and standards set forth in the Universal Declaration of Human Rights or in the relevant international legal instruments accepted by the States concerned;
(b) to seek clarification from the Malaysian and Saudi Governments on the arrest, detention, denial of due process, and deportation of Kashgari;
(c) to assist Malaysia and Saudi Arabia, both members of the Human Rights Council, to implement international human rights standards on the ground to prevent similar cases in the future;
(d) to investigate claims from human rights organisations which said charges against Kashgari were politically motivated, given his public activities in solidarity with protesters in Syria, and aimed at silencing political dissent and curbing online activism in Saudi Arabia.
Based on this, the undersigned organizations urge these UN human rights bodies to help protect Kashgari’s right to free expression and hold the Malaysian and Saudi Governments accountable for their actions.
The Arabic Network for Human Rights Information
The Centre for Independent Journalism Malaysia
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