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Rights group criticizes S'pore defamation suits

makapaaa

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  • [SIZE=+3]Rights group criticizes
    S'pore defamation suits[/SIZE]
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October 17, 2008
SINGAPORE


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[SIZE=+4]A[/SIZE]N international rights group called Friday, Oct 17, on Singapore to stop using defamation lawsuits to stifle criticism and bankrupt opposition politicians. The criticism by Human Rights Watch came in response to the High Court's decision this week to order Chee Soon Juan and his opposition Singapore Democratic Party to pay US$416,000 to Prime Minister Lee Hsien Loong and his father, Lee Kuan Yew, in damages stemming from a 2006 defamation case.
Human Rights Watch said the decision was an example of how the city-state's rulers use strict free speech laws to squash political dissent.
"Using defamation laws to silence peaceful political speech makes a mockery of Singapore's claim to be a model democracy," Elaine Pearson, deputy Asia director at the New York-based rights organization, said in a statement.
Government leaders justify suing political opponents, saying it is necessary to defend their personal and professional reputation since it bears on their ability to govern properly and command respect from Singaporeans.
"In Singapore, opposition politicians have the right to criticize the government and government leaders, but that does not entitle them to tell lies or defame," K. Bhavani, spokesperson from the Ministry of Information, Communications and the Arts, said in a statement Friday.
"If they do, the leaders must either sue to clear their names and be prepared to be cross-examined in open court, or allow the lies to stand unchallenged and the public to believe that the defamations are true."
Opposition leaders contend that defamation laws are applied selectively to silence criticism while the government says restrictions on speech and assembly are necessary to preserve the economic prosperity and racial stability of the multiethnic city-state of 4.8 million people.
The People's Action Party has ruled Singapore since self-governance began in 1959 and currently has 82 of Parliament's 84 members.
Chee, who was forced into bankruptcy in 2006 by a US$300,000 ruling that found him guilty of defaming former Prime Ministers Lee Kuan Yew and Goh Chok Tong, said the ruling may bankrupt his party and force it out of existence.
The court ruled that a 2006 party newspaper article, which questioned the government for its handling of a scandal at the National Kidney Foundation charity, was libelous.
Bankrupt Singaporean citizens are prohibited from running for office and may not travel abroad without the government's permission.
The government also filed defamation lawsuits against Joshua B. Jeyaretnam, who became the country's first opposition politician elected to Parliament in 1981. Jeyaretnam was driven into bankruptcy in 2001 by defamation cases brought by the two Lees and Goh, who was prime minister from when Lee Kuan Yew stepped down in 1990 until Lee Hsien Loong took over in 2004.
Jeyaretnam estimated he paid more than US$925,000 in damages and court costs over the years. He emerged from bankruptcy this year before dying of heart failure earlier this month at age 82.
"The history of defamation in Singapore shows a pattern of making people pay dearly for exercising the basic right of peaceful expression," said Pearson.
Singapore's leaders have also sued journalists several times in past years for alleged defamation. They have won lawsuits and damages against Bloomberg, The Economist, the International Herald Tribune and the Far Eastern Economic Review.
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makapaaa

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Asset
Straits Times

18/10/2008


No right to lie
Govt responds to call by US advocacy group to desist from 'using defamation
suits to stifle political opposition'
THE Government yesterday gave its position on criticisms levelled against
government leaders by opposition politicians, in response to a

statement by a New York-based advocacy group, Human Rights Watch (HRW).

The group had called on Singapore's leaders to 'end the practice of using
defamation suits to stifle political opposition'. In comments posted

on its website yesterday, it highlighted a High Court ruling this week.

THEY HAD THEIR CHANCE

'The Chees had every opportunity to justify and prove their allegations in
court, but totally failed to do so.'
Ministry of Information, Communications and the Arts spokesman K. Bhavani

HRW noted that the court had awarded Prime Minister Lee Hsien Loong and
Minister Mentor Lee Kuan Yew six-figure sums against the

Singapore Democratic Party (SDP), its secretary-general Chee Soon Juan and
his sister Chee Siok Chin for defamation.

In reply, the Ministry of Information, Communications and the Arts'
spokesman noted that in Singapore, opposition politicians have the right

to criticise the Government and government leaders.

But, Ms K. Bhavani added, 'that does not entitle them to tell lies or
defame'.

'If they do, the leaders must either sue to clear their names and be
prepared to be cross-examined in open court, or allow the lies to stand

unchallenged and the public to believe that the defamations are true.

'This is the way to establish the truth, and to keep Singapore's public
discourse honest and responsible.'

In reference to the court ruling, Ms Bhavani noted that the Chees and their
political party, the SDP, had accused PM Lee and MM Lee of

dishonesty, nepotism and corruption, among other things.

They had done it just before a General Election in 2006, she noted in a
statement to the media. 'When the two ministers sued, the other

members of the SDP central executive committee apologised, but Chee and his
sister refused to do so.

'The Chees had every opportunity to justify and prove their allegations in
court, but totally failed to do so. Therefore, they have to pay

damages commensurate with the seriousness of the defamation and in
accordance with the judgment of the court.'

The defamation was committed in articles published in SDP's newsletter, The
New Democrat. Nine of its leaders settled earlier with the

Lees, apologising and paying them $170,000 each.

That leaves the SDP and the Chee siblings owing the Lees $610,000 in all.
The siblings are bankrupt. If the SDP is unable to pay, the 28-

year-old party faces the prospect of being wound up.

The possibility was highlighted as well in HRW's statement. It reported its
deputy Asia director Elaine Pearson saying: 'Using defamation

laws to silence peaceful political speech makes a mockery of Singapore's
claim to be a model democracy. Opposition criticism of the

Government is an essential ingredient of a democratic political system.'

The group urged the Government to 'lift legal restrictions on freedom of
expression to bring the country in line with international law'.

In concluding remarks, the HRW said 'the assault on free speech by
Singapore's leaders extends to critical foreign publications circulating

in Singapore'.

It mentioned several cases, involving among others, the Far Eastern Economic
Review and The Wall Street Journal Asia.

Ms Pearson said: 'The history of defamation in Singapore shows a pattern of
making people pay dearly for exercising the basic right of

peaceful expression.

'Singapore has nothing to fear from a vocal opposition and its people have
everything to gain.'
 

makapaaa

Alfrescian (Inf)
Asset
To: Singapore/ Malaysia Network


Friends,

Nineteen individuals are facing trials in Singapore in the next few months. It is important that Amnesty members and supporters show their concern about the government's continuing use of civil defamation and other restrictive laws against peaceful critics. Please do respond to the appeal below.

All good wishes,

Margaret John

Coordinator for Singapore and Malaysia


AMNESTY INTERNATIONAL Canada

15mar08arrest1.jpg
Once again, trials against dissidents are taking place in Singapore. Some nineteen government critics and human rights defenders are facing criminal charges following their attempts to exercise their right to freedom of expression by engaging in peaceful public protests. In recent years, opposition leader Dr Chee Soon Juan, with his colleagues and supporters, has been increasingly calling for human rights and democracy in Singapore and has been gaining international recognition for his efforts. Amnesty International continues to call for an to end the use of such suits against government critics -- a call also made by human rights organizations and law associations worldwide, including the International Bar Association and Lawyers' Rights Watch Canada.
The ruling People's Action Party, in power now for half a century, has jailed critics without trial, and in recent years increasingly brought ruinous defamation and other suits against opposition members. It has bankrupted Dr Chee and others, thus barring them from seeking parliamentary seats and from leaving the country without approval. Dr Chee was also fired from his academic post, repeatedly imprisoned and barred from travelling abroad -- necessary for his international committee responsibilities -- without obtaining official permission. In a recent trial, he and his sister, Chee Siok Chin, were ordered to pay over Singapore $600,000 (roughly equivalent in Canadian dollars) for "defaming" Prime Minister Lee Hsien Loong and his father, Minister Mentor Lee Kuan Yew. Their party, the Singapore Democratic Party, faces possible closure.

Four trials are currently scheduled against some nineteen critics from October to the end of January 2009. They are charged with assembly without a permit and illegal procession. Permits are required for public gatherings of more than four people, but activists point to their difficulties in obtaining such official permission. The first trial, started on 23 October, refers to a March 2008 protest by eighteen individuals to draw attention on World Consumer Day to price hikes and to -- in contrast -- government ministers' high salaries. (Singapore's Prime Minister is paid about five times the salary of US President Bush.) The eighteen stated that they would walk into court "with our heads held high and our spirits uplifted....It is a fight that all who wish to see democracy and freedom in Singapore must undertake". Canadian lawyer Robert Amsterdam is providing legal advice. Singapore's lawyers rarely defend the opposition, and foreign lawyers have found it difficult to gain entry into Singapore. Instead, Canadian lawyer Robert Amsterdam is providing legal advice from abroad.

The eighteen charged in the October trial are: Gandhi Ambalam, Chia Ti Lik, Chong Kai Xiong, Jeffrey George, Jaskyn Go (f), Chee Siok Chin (f), Govindan Rajan, Chee Soon Juan, Jufrie Mahmood, Jufri Salim, Surayah Akbar, Ng E-Jay, Seelan Palay, Shaffie, Carl Lang, John Tan, Francis Yong, Sylvester Lim.

Amnesty International has repeatedly called on the Singapore government to stop using restrictive laws and civil defamation suits to muzzle critics and opposition party members. AI states that such actions impose restrictions on freedom of expression and assembly that violate international standards. The result is a climate of political intimidation and self-censorship in Singapore, deterring many Singaporeans from exercising their right to take part in public affairs. Dr Chee Soon Juan and his colleagues resolutely state their determination to continue their campaign for human rights and democracy -- at whatever the personal cost.


TAKE ACTION

Write a courteous letter:


* Calling for an end to the use of restrictive laws and civil defamation suits against critics;

* State that the stifling of criticism and debate is a clear violation of international law and standards on freedom of expression;

* Express your understanding that the government has claimed to be building an " open society" and ask the reason therefore for the continuing use of restrictive laws against peaceful critics and human rights defenders.

To:

President S R Nathan Salutation: Dear President
Office of the President of Singapore
Orchard Road
Singapore 238823
Email: [email protected]
Fax: 011 65 6737 5522


Copies to:

His Excellency Mr Vanu Gopala MENON Salutation: Your Excellency
High Commissioner for Singapore and
Permanent Representative of Singapore to the UN
231 East 51st Street
New York, NY 10022, USA
Fax: +1 212 826 2964

Professor S Jayakumar Salutation: Dear Minister
Minister of Law
100 High Street
The Treasury 08-02
Singapore 179434
Fax: 011 65 6332 8842


Please send messsages of support to:

Dr Chee Soon Juan and colleagues
2A Jalan Gelenggang
Singapore 578187

or to [email protected]
 

Neh_Neh_Pok

Alfrescian
Loyal
More sinky protests and more sinky groups organized and set-up is good for all of them speak up on their grievances and views. The more the merrier :biggrin:
 
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