ICJ is particularly concerned with Sultan Hassanal’s recent threat to put those criticising the Islamic penal codes and try these first-offenders under the strict laws.
Syariah law penalties include stoning to death, amputation of the limbs and public flogging.
“A statement issued last Sunday by Sultan Hassanal suggesting that critics of the kingdom’s new penal code may be criminally prosecuted for slander is clearly meant to curb freedom of expression and opinion in the country,” said Sam Zarifi, ICJ’s Regional Director for Asia and the Pacific.
He added ICJ urged the government of Brunei to ensure full respect for the right of freedom of opinion and expression.
“Sultan Hassanal’s statement illustrates that human rights, particularly respect for freedom of opinion and expression, is widely disregarded by the authorities in Brunei,” Zarifi said.
He said the new penal code is an affront to human rights and at odds with international standards.
“The ICJ reiterates its concern that provisions in the new Penal Code are not in accord with the commitment made by Brunei as a member of the Association of Southeast Asian Nations (ASEAN) to promote and protect human rights in the region,” said Zarifi.
Brunei is set to implement in a quick phases the Islamic syariah laws from April 1, 2014.
The move has awakened its IT-savvy 400,000 populations to a host of possible curbs on their daily life.
In a speech marking Brunei’s 30th National Day on Feb 23, Sultan Hassanal, who is Brunei’s absolute monarch said that social media had been used to express opposition to the implementation of the new sharia code.
ICJ: Freedom of opinion is a right
Taking criticism to his policy as direct insult to his throne, the 67-year-old sultan, warned that these critics “cannot continue to be allowed to inflict insults” and that they “can be brought to court.”
Zarifi meanwhile argued that “free, unhindered debates on issues like the enactment or implementation of a law are important cornerstones of a democratic society”.
Brunei, pinned between two Malaysian states on the Borneo island, is on the other hand an absolute monarchy state, where democratic election is virtually unheard of.
Zarifi said freedom of opinion and expression is a right that is affirmed in the Universal Declaration of Human Rights and guaranteed under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), both of which Brunei is a party.
He further said under international law, any restrictions or limitations must be exceptional, in accordance with the principles of the proportionality and necessity.
ICJ is a Geneva-based human rights non governmental organisation with a standing group of 60 eminent jurists, including senior judges, attorneys and academics.
It has affiliates in over 70 countries and is dedicated to ensuring respect for international human rights standards through the law.
By Luke Rintod
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