21st December 2015

Hon. Mangala Samaraweera

Minister of Foreign Affairs
Sri Lanka.
Dear Mr. Samaraweera,
Complaint by Sri Lankan High Commission results in Malaysian Activist being charged
for the screening a human rights documentary
We are writing to inform you of what has happened to Malaysian human rights defender,
Ms. Lena Hendry that appears to have been sparked by the actions of the Sri Lankan
High Commission in Kuala Lumpur in 2013.
Ms. Lena Hendry is a program coordinator for Pusat KOMAS, a leading and well known
human rights organization in Malaysia. She is also the festival manager of
FreedomFilmFest, an annual human rights film festival in Malaysia.
On the 3rd of July 2013, as part of the work of the organization, Pusat Komas hosted
British Filmmaker Callum Macrae to screen his award winning documentary No Fire
Zone in the Malaysian Parliament and also organized a private screening in the evening
at the Kuala Lumpur Selangor Chinese Assembly Hall. Ms. Lena Hendry, coordinated
this event. This film was part of a series produced by Mr. Callum Macrae on alleged war
crimes in Sri Lanka, popularly referred to as "channel 4 films".
Prior to the screening, authorities from the Sri Lankan High Commission in Malaysia had
got in touch with the venue authorities and tried to convince them to cancel the
screening. The venue owners advised the High Commission to speak with the organizers.
However, the High Commission made no direct communication to the organizers.
Instead, on the evening of the screening, the Malaysian authorities (The Film Censorship
Authority) raided the screening and arrested Ms. Lena Hendry, Ms Anna Har (Executive
Director) and Mr. Arul Prakash (Senior Coordinator) of Pusat Komas. We believe this
action was influenced by the pressure of the Sri Lankan High Commissions complaint
against Pusat Komas screening the movie. The Sri Lankan High Commissions official
objection referred to organizers as group of sympathizers of proscribed LTTE terrorist
organization and its contents as based on false and distorted facts of the events.
As you are aware, this film has never been banned in Sri Lanka and its Sinhala version
has been made freely available online. A Presidential Commission of Inquiry that was
appointed by former President Rajapakse and continued its work under President
Sirisena (Paranagama Commission) has concluded that images depicted in the films
contain "credible allegations" and that they "provide enough material to form a
reasonable basis to believe that war crimes may have been committed, warranting an
investigation" (para 422 and para 425). A previous Presidential Commission of Inquiry
also appointed by President Rajapakse (Lessons Learnt and Reconciliation Commission)
recommended that "the Government initiate an independent investigation into this
matter (previous channel 4 films, images of which are also contained in "No Fire Zone")
to establish the truth or otherwise of the allegations arising from the video footage" (para
4.375).

Consequently, on the 19th of September, Lena Hendry was charged under Section 6 (1)
(b) of the Film Censorship Act 2002 in Malaysia for organizing the screening without
prior approval and if convicted, Lena Hendry faces up to three years imprisonment
and/or a fine between 5,000 ringgit (about 1,180 USD) and 30,000 ringgit (about 7,080
USD).
The trial started with the prosecution beginning its case with 3 different witnesses after
multiple failed efforts to strike out the case in the higher courts. After two days, the trial
will resume back in January, 2016 from the 6th 8th. One of the evidence submitted in
court was the official complaint letter by the Sri Lanka High Commission signed by
Ibrahim Ansar, High Commissioner dated 3rd of July 2013 (attached).
Although there are different views on the content of the film, this documentary film has
been successfully screened in various countries, including large festivals and won many
awards. It is a human rights documentary that gives insights to what may have happened
in the dark period of the Sri Lankan history. Ms. Lena Hendry, through her organization
Pusat KOMAS, was trying to educate and increase awareness on human rights issues
around the world and this was another such occasion.
The Sri Lankan High Commission, at that time, may have disagreed with the content, but
they would have been welcomed to convey their views at the screening.
We believe that this blanket imposition is being used arbitrarily in this case to control the
crucial work of human rights defenders such as Ms. Lena and members of her
organization, Pusat KOMAS, in spreading information and alternative perspectives on
human rights issues and violations.
This violates the rights to freedom of expression and opinion and right to information,
which are part of your government's stated policy, and which you have been personally
advocating for during the time you were in the opposition and even now as the Foreign
Minister.
Hence, we kindly appeal to you to intervene with the Government of Malaysia to
withdraw the charges against Lena Hendry. We believe its important to convey that the
new Sri Lankan government doesnt believe the film will negatively affect the smooth
and peaceful coexistence of the peace loving people and warm and cordial bilateral
relations between our (Malaysia and Sri Lankan) two peoples. It would also be
important to point out the findings of the official Presidential Commissions of Inquiry
recommendations about channel 4 films, on which images No Fire Zone is primarily
based as well as the fact that No Fire Zone and none of the other channel 4 films were
never banned in Sri Lanka and is freely available for viewing.
We are hoping that this action may indicate to the Malaysian authorities that it may be
unnecessary to continue with the charges against Ms. Lena Hendry and stop the
persecution of her and her organization. It will also indicate a global dimension of the
new governments commitment towards freedom of expression.
Thank you.
Sincerely yours,

Signatories;
1. B. Gowthaman
2. Balasingham Skanthakumar
3. Dr. Nimalka Fernando, President, International Movement Against All forms of
Discrimination & Racism
4. Dr. Paikiasothy Saravanamuttu, Executive Director, Centre for Policy
Alternatives
5. Gajen Mahendra
6. Ishan Jalill - Action Against Apathy
7. K. Aingkaran
8. K.S. Ratnavale Attorney-at-Law
9. Kusal Perera Journalist
10. Luwie Ganeshathasan
11. Marisa de Silva
12. Rev. Fr. E. Sebamalai
13. Rev. Fr. Jeyabalan Croos
14. Rev. Fr. V. Yogeswaran - Center for Promotion and Protection of Human Rights
(CPPHR), Trincomalee
15. Ruki Fernando. INFORM Human Rights Documentation Centre
16. Sheila Richards
17. Sunanda Deshapriya
18. Thyagi Ruwanpathirana

CONTENT OF SCANNED COPY (TYPED)

This is the replication of the original letter which was faxed
{Logo}
High Commission of the Democratic Socialist Republic of Sri Lanka in Malaysia
KL/HC/DEF/08
3rd July 2013
Mr. Tang Ah Chai
Chief Secretary
Kuala Lumpur & Chinese Assembly Hall
No 1, Jalan Maharajalela,
50150 Kuala Lumpur
Dear Sir,
Screening of a documentary film titles No Fire Zone The Killing Fields of Sri Lanka
I would like to uniform you that it has been brought to our notice that a group of sympathizers of
proscribed LTTE terrorist organization has been making arrangements to screen a documentary film
titled No Fire Zone that is based on false and distorted facts of the events during the fight against LTTE
terrorist in Sri Lanka.
I have also been informed that the censorship board of the government of Malaysia has not granted
permission for them to screen such a film. I am of the view that screening such a documentary would
affect the harmony and peaceful coexistence of different sections of the people in Sri Lanka and also in
Malaysian in the long run.
Our mission has already requested the Ministry of Foreign Affairs of Malaysia and censorship board of
the government of Malaysia to ensure that no such film is screened in this country against the people
and the government of Sri Lanka and to ensure the smooth and peaceful coexistence of the peace loving
people and for the enhancement of warm and cordial bilateral relations between our two peoples.
I shall therefore be thankful if you could kindly take immediate action to stop screening the
documentary No Fire Zone the Killing Fields of Sri Lanka in your assembly hall and to consult the
censorship board of the government of Malaysian and the Ministry of Foreign Affairs for further
clarification in this regard should you require any further information in order for you to stop the
screening.

Yours Faithfully
Signed by Ibrahim Ansar
High Commissioner

No. 12 Jalan Keranji, off Jalan Kedondong, Jalan Ampang Hilir, 5500 Kuala Lumpur Malaysia
Tel: 603-42568987/42571394 Fax: 603-42532497 Email: slhicom@streamyx.com Website: www.slhc.com.my