A/HRC/7/10/Add.1
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opportunity to exhaust all available remedies. Ms. Kalliammal filed an appeal to the Court of
Appeal against the Kuala Lumpur High Court’s decision. The appeal is still pending.
Observations
163. The Special Rapporteur is grateful for the Government’s response. She would like to take
the opportunity to refer to her framework for communications, more specifically to the
international human rights norms and to the mandate practice concerning “Freedom to adopt,
change or renounce a religion or belief” (see above para. 1, category I. 1.).
Urgent appeal sent on 23 August 2006 jointly with the Special Rapporteur on the
independence of judges and lawyers and the Special Representative of the SecretaryGeneral on the situation of human rights defenders
164. The Special Procedures mandate holders brought to the attention of the Government
information they had received concerning Mr. Malik Imtiaz Sarwar, one of two lawyers currently
representing Ms. Lina Joy, in the Federal Court of Malaysia. Ms. Joy is a Malay woman who has
renounced her Muslim faith and embraced Christianity, and the court proceedings are concerned
with whether she can renounce Islam and has the right to have the religious affiliation on her
identity card deleted. According to the information received, Mr. Sarwar is the subject of death
threats by an unknown group, which openly calls for the death of Mr. Sarwar because of his role
as a lawyer in the Lina Joy court case. Such threats include posters, titled “Wanted Dead”, which
describes Mr. Sarwar as a betrayer of Islam for his involvement in the Lina Joy court case and an
email message circulating on the Internet offers a monetary reward to anyone willing to kill him.
Concern is expressed that such threats are linked to the lawful professional activity of Mr. Sarwar
as a lawyer and may represent an attempt to intimidate lawyers who take on cases in defence of
right to freedom of religion or belief.
Response from the Government dated 16 March 2007
165. The Government informed that Mr. Sarwar had lodged a police report about the threat
against him following a meeting with the Inspector-General of the Royal Malaysian Police on 21
August 2006. During that meeting, Mr. Sarwar informed the Chief of Police that two posters
were being circulated through e-mails which incited actions towards his death, thus constituting a
direct threat to his life. The police assigned Assistant Superintendant Sohaimi as the
Investigating Officer of that case. Following initial investigations carried out by the Royal
Malaysian Police, it was found that a poster entitled “Islam Denigrated! Muslims Threatened!”
had been disseminated at the Kuala Lumpur Federal Territory Mosque on 23 July 2006. The
same poster appeared on the Anti-Apostasy Action Front (FORKAD) website. The police has
classified the case under Section 507 of the Penal Code (criminal intimidation by an anonymous
communication), and is currently conducting further investigations to determine the identity of
the person who has uploaded the posters on the website. The police has also recorded statements
from 13 witnesses about the case thus far. At the same time, the police has also sought the
assistance of Telekom Malaysia to ascertain the identity of the source of the e-mails circulated.
Mr. Sarwar has expressed satisfaction with the level of cooperation extended to him by the Royal
Malaysian Police in finding a resolution to the case.